HIPAA and Patient Access of Information - Primary Enforcement Focus for HHS

Individual access to health information is a top issue at the US Department of Health and Human Services (HHS), as a focal point for enforcement under HIPAA, and in the fight to eliminate “information blocking” under the 21st Century Cures Act.  New rules are proposed to require sharing of Protected Health Information (PHI) among providers and patients. The most recent HIPAA enforcement action focuses on ensuring patients are promptly provided the records they request.

Improving individual access to medical records is an idea whose time has definitely arrived, and providers that do not follow the rules and guidance from HHS are risking significant penalties.

• Learn about the latest enforcement action under HIPAA, regarding patient access to records.
• Learn about the extensive guidance from the HHS Office of Civil Rights on the access to PHI.
• Find out what the regulations call for and what processes you must have in place for the proper approval and denial of access as appropriate.
• Learn about the required process for the review of specific denials of access.
• Find out how the HIPAA rules are proposed to be changed to improve patient access to PHI.
• Find out about HIPAA requirements for access and patient preferences and the requirements to protect PHI.
• Learn about the training and education that must take place to ensure your staff handles access requests properly.
• Find out about HIPAA audit and enforcement activities and what you need to do to survive a HIPAA audit or enforcement action.

Over many years, the heads of the US DHHS have indicated that patient access to information is a critical priority in order to improve the health of the nation.  Patient rights under HIPAA have been expanded to include new rights of access, and guidance has been issued on access to records.  The direction provides clear and detailed information on how to provide access, what can be charged for in fees, and what the individual’s rights are regarding access to information. The rallying cry for easy patient access and transfer of information increases daily and is no longer escapable.

All HIPAA-covered entities need to review their HIPAA compliance, policies, and procedures to see if they are prepared to be in full compliance and meet the requirements of the rules. Compliance is required and violations for willful neglect of the rules begin at more than $10,000.  Penalties and settlements over the last few years have been issued at a rate of more than one a month.

The head of US DHHS has indicated that providing patients access to Protected Health Information is a key priority for improving the nation’s health and guidance from HHS provides detailed information on how best to provide information to patients within the rules.

Covered entities, particularly those that use electronic health records (EHRs), need to address the access and disclosure guidance.  The guidance will be explained, so that access can be provided according to the rules and penalties can be avoided.  Issues on provision and denial of access, as well as fees and other topics, will be discussed.

The new information-blocking regulations and proposed changes to the HIPAA regulations will be reviewed and their effects on usual practices will be discussed, as well as what policies need to be changed and how. 

We will show what policies and evidence you may need to produce if your compliance is reviewed by the HHS Office of Civil Rights, which has already indicated that compliance with the rules on patient access to records is a significant problem, with more than a dozen enforcement settlements announced in recent months.

This Webinar will help health information professionals understand what they have to do, when, and what to keep in mind as they move forward, in order to be in compliance with the regulations. It will provide a comprehensive look at the emphasis on the rules on access and prepare attendees for the process of incorporating any necessary changes into how they do business in their facilities.

Individual access to medical records is the focal point for eliminating data blocking today, because there are rules in place under HIPAA today that, if followed properly, would alleviate many of the information blocking issues that have been identified. The HIPAA enforcement actions for not providing prompt access to records as required, now numbering more than three dozen, show that HHS is serious about information blocking, and is using HIPAA to advance goals for better patient access to medical records.

In addition, HHS has proposed changes to the HIPAA rules to improve the response of healthcare providers to requests to access or transfer PHI, especially electronic information. These rules may go into effect in 2023 or 2024.

• CEO
• HIPAA Privacy Officers
• HIPAA Security Officers
• Information Security Officers
• Risk Managers
• Compliance Officers
• Privacy Officers
• Health Information Managers
• Information Technology Managers