Overview Over many years, the heads of the U.S. Department of Health & Human Services (HHS) have indicated that
Over many years, the heads of the U.S. Department of Health & Human Services (HHS) have indicated that patient access of information is a key priority in order to improve the health of the nation. Patient rights under the Health Insurance Portability and Accountability Act (HIPAA) have been expanded to include several rights of access, and detailed guidance has been issued on access of records. And two of the most recent HIPAA enforcement actions were against entities that did not provide patient access to records properly. HHS is now using HIPAA Individual Access Rights to effectively implement new rules on prohibitions to Data Blocking.
At the same time, a recent Federal court decision has changed some of the aspects of the individual access rules pertaining to transmitting records to third parties at the request of the individual. Additionally, HHS has issued guidance when HIPAA Business Associates are involved, regarding the responsibility for the timing, and form and format of replies to requests for access, and the responsibilities for compliance with the fee requirements
HIPAA now provides for individual rights to receive electronic copies of records held electronically, and patients have rights under HIPAA and the Clinical Laboratory Improvement Amendments (CLIA) to directly access test results from the laboratories creating the data. Electronic record systems must be designed and implemented to securely provide access for patients to their information. These changes must be respected by entities subject to the HIPAA rules through modifications to policies and notices, and training of staff to reflect the new requirements.
This webinar will review how the rules having to do with patient access of records need to be reflected in every health care-related organization’s policies and procedures. Our speaker will provide clear and detailed information on how to provide access, what can be charged for in fees, and what the individual’s rights are when it comes to access of information.
At the conclusion of the session, participants will be able to:
- Understand the guidance and apply the HIPAA rules on providing information under the regulations for individual requests for PHI.
- Know the extent of the limitations on the fees charged to individuals for access of their records.
- Understand how individual requests to direct their information to a third party are treated differently, and differences when paper vs. electronic records are requested.
- Know what parties are responsible for compliance with the timeliness, form, and format requirements for individual requests, and what parties are responsible for the fee requirements for individual requests of PHI.
- See how entities that have not managed individual access properly have been sanctioned by the US Department of Health and Human Services.
- Understand how the new rules on data sharing work with the HIPAA individual access rules.
Jim Sheldon-Dean is the founder and director of compliance services at Lewis Creek Systems, LLC, a Vermont-based consulting firm founded in 1982, providing information privacy and security regulatory compliance services to a wide variety of health care entities. He is a frequent speaker regarding HIPAA, including speaking engagements at numerous regional and national healthcare association conferences and conventions and the annual NIST/OCR HIPAA Security Conference. Sheldon-Dean has more than 20 years of experience specializing in HIPAA compliance, more than 38 years of experience in policy analysis and implementation, business process analysis, information systems and software development, and eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician. Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master’s degree from the Massachusetts Institute of Technology.
Registration for this webinar is per connection needed at a facility. This allows multiple staff members to participate in the education using one connection. Prior registration is required to ensure connection information and applicable materials are distributed prior to the webinar. The registration fee for this webinar is $150 per SDAHO Member facility /$300 per non-member facility.
(Tuesday) 12:30 pm - 2:00 pm CST