HHS Requests Public Comment on HIPAA Provision Requiring Accounting of Electronic Health Record Disclosures
Health care providers who currently use or are planning to use electronic health records should take note of a pending change to the accounting rules under the Health Insurance Portability and Accountability Act (“HIPAA”).
Under current HIPAA regulations, if a patient requests an “accounting” of how their protected health information (PHI) has been used, covered entities are required provide patients with the details of each disclosure over the past six years. Each accounting must include:
1) The date of the disclosure
2) The name of address of the entity/person who received the PHI;
3) Brief description of the information disclosed;
4) Brief statement of the purpose of the disclosure (or a copy of the written request for the disclosure).
The current privacy rule exempts disclosures to carry out treatment, payment, and health care operations from these accounting requirements. However, as a result of the HITECH provisions contained in last year’s Stimulus Bill, these exemptions no longer apply to disclosures through an “electronic health record.”
Starting January 1, 2011, any covered entity that uses electronic health records must comply with the new requirements, and provide an accounting of such disclosures made during three years prior to the request. For example, if a patient requests an accounting under the new statute, the covered entity must account for every transmission of the patient’s information; whether it is for billing purposes, sending lab results to another covered entity for analysis, etc. Obviously, the number of transactions to be accounted for will significantly increase.
The Department of Health and Human Services (HHS) recently issued a Request for Information (RFI) to providers seeking information on the interest of individuals with respect to learning of such disclosures, and the administrative burdens on accounting for the same. The specific information sought from providers includes answers to such questions as “Are individuals aware of their current right to receive an accounting of disclosures? On what do you base this assessment?” and “What are the benefits to the individual of an accounting of disclosures?”
The full Request for Information is available here.
