Montana Code 50-16-542. Denial of examination and copying
50-16-542. Denial of examination and copying. (1) A health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:
Terms Used In Montana Code 50-16-542
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
- Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-504
- Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
- Peer review: means an evaluation of health care services by a committee of a state or local professional organization of health care providers or a committee of medical staff of a licensed health care facility. See Montana Code 50-16-504
- Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-504
(a)knowledge of the health care information would be injurious to the health of the patient;
(b)knowledge of the health care information could reasonably be expected to lead to the patient’s identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;
(c)knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;
(d)the health care information is data, as defined in 50-16-201, that is compiled and used solely for utilization review, peer review, medical ethics review, quality assurance, or quality improvement;
(e)the health care information might contain information protected from disclosure pursuant to 50-15-121 and 50-15-122;
(f)the health care provider obtained the information from a person other than the patient; or
(g)access to the health care information is otherwise prohibited by law.
(2)Except as provided in 50-16-521, a health care provider may deny access to health care information by a patient who is a minor if:
(a)the patient is committed to a mental health facility; or
(b)the patient’s parents or guardian has not authorized the health care provider to disclose the patient’s health care information.
(3)If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) from information for which access cannot be denied and permit the patient to examine or copy the information subject to disclosure.
(4)If a health care provider denies a patient’s request for examination and copying, in whole or in part, under subsection (1)(a) or (1)(c), the provider shall permit examination and copying of the record by the patient’s spouse, adult child, or parent or guardian or by another health care provider who is providing health care services to the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient’s right to select another health care provider under this subsection.