HIPAA: Rights and Responsibilities Related to a Patient's Right of Access
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Understand what rights HIPAA gives patients to access their medical information and how you are expected to respond to this important legal right.Since 2019, the U.S. Department of Health and Human Services (HHS) has not only provided significant guidance for covered entities for providing patients with timely and complete access to all or a portion of their health information but also has brought 18 separate and very costly enforcement actions against health care providers and health plans who have failed to live up to HIPAA's standards. This topic provides a timely, practical look at exactly what HHS expects a covered entity to do in recognizing and honoring patients' requests to access their health information and will help you chart (or recalibrate) your course for compliance under HIPAA.
AuthorsLeslie Bender, CIPP/US, CCCO, CCCA, IFCCE, Clark Hill PLC
What Is HIPAA's Right of Access and Why Is It so Important?
• What Rights do Patients Have to Access All or a Portion of Their Designated Record Set Under HIPAA?
• What Responsibilities Do Health Care Providers (and Health Plans) Have to Respond to Patients' Requests for Rights of Access?
• When Can Access Be Denied?
Legal and Regulatory Actions to Protect Patients' Right of Access
• HHS Interpretations Challenged in a Federal Court
• HHS Guidance on Understanding the Right of Access
The Impact of HHS's Right of Access Initiative
• A Look at the Unique Fact Patterns in the Right of Access Enforcement Actions
• Focal Points: Unreasonable Barriers to Patients' Right of Access, Improper Format of Response, Excessive Costs
Lessons Learned and Practical Guidance for Updating Your Right of Access Program
• Steps for Assuring Patients Can Readily Assert Their Right of Access
• Responding Properly to Patients' Requests
• Trust but Verify - Auditing Your Right of Access Compliance Efforts