Alexian Brothers Provincial Archives Policy on Access and Use
The Congregation of Alexian Brothers, Immaculate Conception Province, has ultimate authority over the holdings of the Provincial Archives. This includes the Corporate as well as the Religious segments of the records.
Categories of Records
The records are divided into three general categories as follows:
Provincial: This category consists of records of the Congregation including (but not limited to) files from the Provincial's office, financial records of the province, regulatory and other publications, and the personal files of the Brothers. Because the Province and the Corporations were not separate entities until 1971, the very early records include both.
Corporate: This consists of the records of Alexian Brothers of America to 1983, and Alexian Brothers Health System from 1983 to 2012.
Facilities: This category consists of the subsidiary institutions of Alexian Brothers Health System to 2012.
Restrictions are assigned to each category of records by a general consensus of the Provincial, the President and Legal Counsel.
Open: Access is allowed at the discretion of the Archivist.
Limited: Access is granted by written permission of the Provincial or the President.
Restricted: Access to records designated as Legal Material is granted by written permission of the General Counsel of ABHS.
Departments or persons who have created the records have unlimited access to those materials.
Guidelines for Access to Records Containing Protected Health Information
Since April 2003, access to records containing protected health information (PHI) held by Alexian Brothers Provincial Archives is regulated by the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Privacy Rule [45 CFR Parts 160 & 164] establishes the conditions under which records containing PHI may be used or disclosed for research purposes [45 CFR § 164.512 (i)].
All researchers seeking to use records that may be presumed to contain PHI must follow certain procedures to gain access to these materials.
Protected health information (PHI) is individually identifiable health information created or transmitted in any form by a covered entity. A covered entity is a health care provider, health care plan, or health care clearinghouse which transmits health information. Any records which Archives staff identifies as containing PHI are subject to the provisions of the HIPAA Privacy Rule.