How can a covered entity account for the date of access if it is not known for certain?


Accounting for disclosures requires an individual to be informed of the date the disclosure was made (45 CFR 164.528(b)(2)). If access to a universe of records was provided for a discrete period of time, Office for Civil Rights (OCR) interprets this provision to permit the accounting to include the range of dates (e.g., access was provided from August 1 to August 3, 2003; or during the week of August 10, 2003). If the disclosure is routinely made within a set period from an event, OCR, likewise, interprets this provision to permit the accounting to provide the date of the event and the normal interval (e.g., gun shot wound reported within 48 hours of treatment and provide date of treatment; hospital discharges reported on 15th of the following month and provide date of discharge; or access provided to public health authorities within 30 days of treatment in emergency department and provide the date of treatment).



Date Created: 08/28/2003
Last Updated: 08/08/2005

Content created by Office for Civil Rights (OCR)
Content last reviewed on July 26, 2013