(1) In the case of an individual appealing the denial of Social Security disability benefits, a covered entity shall upon request provide to the individual or the individuals personal representative, free of charge, one copy of the individuals health information created after the date that the individual alleged as the onset of disability in the individuals initial application for Social Security disability benefits and before the date of the administrative hearing. At the election of the individual or the individuals personal representative, the health information shall be provided in paper or electronic format. (2) A covered entity may deny a request for a copy of health information if: (a) The covered entity has already provided one copy of the health information to the individual or the individuals personal representative; or (b) The request is made by a person other than the individual or the individuals personal representative and the requester has not presented a valid authorization for the release of information. (3) A covered entity may charge a fee for providing copies of health information, as provided in ORS 192.563, if: (a) The request for copies is made by a person other than the individual or the individuals personal representative; or (b) The covered entity has already provided to the individual or the individuals personal representative one copy of the information. Note: See note under 192.553.
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