The Department of Health and Human Services (HHS) has issued a notice of proposed rulemaking to modify the HIPAA Privacy Rule in accordance with the Health Information Technology for Economic and Clinical Health Act (HITECH) requirement that users of electronic health records (EHRs) provide a more extensive accounting of disclosures than previously required by the Privacy Rule. The proposed rule would give individuals the right to receive an access report showing them specifically who has accessed their electronic protected health information. While the Security Rule has arguably required such tracking pursuant to the audit trail requirements, it did not have to be shared with individuals. The proposed rule also requires more detail in accounting of certain disclosures, in an attempt to curtail existing efficiency problems.
Click here to view the complete HHS announcement. You can also click here to view the proposed rule. If you have any questions regarding compliance with the new HIPAA privacy standards or any other HIPAA issues, please contact a Wachler & Associates attorney at 248-544-0888.