This section governs departmental employee access to patient records held by licensed mental health treatment facilities, including State hospitals, requiring facility directors to manage and limit such access to relevant portions. It also permits the Department, administrators, or facilities to collect and analyze clinical or statistical data for administrative or research purposes, provided individual patients are not identified without consent. Compliance staff should ensure access controls and data de-identification procedures are in place.
View official source55 Pa. Code § 5100.36 - Departmental access to records and data collection State Regulations Compare (a) Notwithstanding any part of this chapter to the contrary, employes of the Department shall not be denied access to any patient records where such access is necessary and appropriate for the employe's proper performance of his duties. The facility director shall make such decision, and shall be responsible for limiting access to those portions which are relevant to the request. (b) Any conflict as to access by an employe to patient records at State hospitals shall be resolved by the Regional Commissioner of Mental Health. (c) Collection and analysis of clinical or statistical data by the Department, the administrator, or the facility for administrative or research purposes may be undertaken as long as the report or paper prepared from the data does not identify any individual patient without his consent. Notes 55 Pa. Code § 5100.36 This section cited in 55 Pa. Code § 3800.20 (relating to confidentiality of records); 55 Pa. Code § 5100.4 (relating to scope); 55 Pa. Code § 5200.47 (relating to other applicable regulations); 55 Pa. Code § 5210.26 (relating to records); 55 Pa. Code § 5210.56 (relating to other applicable regulations); 55 Pa. Code § 5221.52 (relating to notice of confidentiality and nondiscrimination); 55 Pa. Code § 5230.17 (relating to confidentiality); and 55 Pa. Code § 5320.26 (relating to confidentiality). State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare. No prior version found. State Regulations Toolbox