LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 300.06 Non-Open Protected Health Information Record
 
Policy Category:  Administrative
Distribution Level:  Directly Operated and Contractors
Responsible Party:  Quality Assurance
 
Approved by Debbie Innes-Gomberg, Deputy Director, Feb 07, 2025
I.  PURPOSE
 
To establish a uniform policy and associated procedures in the Los Angeles County Department of Mental Health (DMH) programs for retaining information on an individual prior to opening a clinical record.

Contracted agencies shall develop an internal policy and associated procedures that are consistent with their organizational practices and meet the requirements set forth in this policy.

 
II.  DEFINITIONS
 
Custodian of Records: The manager responsible for the safeguarding, maintenance, and authorized disclosures of clinical records and Non-Open PHI Files (as applicable) and oversight of the Department’s Health Information Management (HIM) operations.

Protected Health Information (PHI): Individually identifiable health information held or transmitted in any form or medium, whether electronic, paper, or oral, relating to the past, present or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. The information identifies the individual or can be used to identify the individual. (45 CFR 160.103)

Non-Open Protected Health Information (PHI) Record: A record containing all PHI related to an individual for whom there is no Clinical Record.

 
III.  POLICY
 
All providers must maintain a non-open PHI file whether paper or electronic records. For directly operated providers, the electronic non-open PHI file is the pre-admit episode.
Legal Entities must establish similar policy and procedural requirements after consultation with their respective legal counsel.

All non-open PHI records must be stored and retained as described in this policy’s Procedures.

 
IV.  PROCEDURES
 
Procedures - Non-Open Protected Health Information File
 
V.  AUTHORITIES
 
Code of Federal Regulations Title 45 Part 160
Code of Federal Regulations Title 45 Part 164
Health Insurance Portability and Accountability Act (HIPAA) of 1996
Welfare and Institutions Code § 5328

 
VI.  ATTACHMENT
 
No attachments are associated with this policy.