Who has the authority to decide who can access an individual’s PHI?

The individual whose Protected Health Information (PHI) it is holds the authority to decide who can access their PHI. Under HIPAA regulations, individuals have rights concerning their health information, including the right to access and control who can view their medical records and other personal health information. This empowerment is a key tenet of HIPAA, which aims to protect patient privacy and ensure that individuals have a say in how their information is used and shared.

While healthcare entities are responsible for safeguarding PHI and complying with HIPAA regulations, the fundamental right to disclose or restrict access to that information ultimately lies with the individual. Government regulators provide oversight to ensure compliance with HIPAA and protect patient rights, but they do not make decisions about individual access rights. Similarly, the role of the HIPAA Compliance Officer is to ensure that appropriate policies are in place and that the organization adheres to HIPAA guidelines, but they do not hold decision-making authority over individual health information access.