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This document outlines crucial changes to HIPAA and HITECH regulations concerning patient privacy and security, effective February 2010. Key updates include procedures for opt-out information for fundraising, new restrictions on paid communications, constraints on the sale of protected health information (PHI), and the minimum necessary use of PHI. Individuals can expect enhanced rights regarding access to their electronic health records (EHR) and the ability to request restrictions on disclosures. Covered entities and business associates must comply with these regulations, ensuring patient privacy is prioritized.
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HITECH/HIPAA Changes Privacy-Security Champ Meeting February 10, 2010
Fundraising: Clear opt-out information Effective 2/2010 • Marketing:Additional restrictions on communication where entity is paid for communication. Effective 2/2010 • Sale of PHI: No direct or indirect remuneration in exchange for PHI, unless the individual signed an authorization; certain exceptions. Regs pending; enforcement 6 mos. Later. • Minimum Necessary: Covered entity must limit PHI to limited data set, or, if necessary, to minimum necessary. Effective 2/2010
Accounting for TPO Disclosures: If covered entity maintains an electronic health record (EHR), an accounting disclosures for TPO for the three years prior to the request. Effective Date: Depends on CE’s adoption of HER (anticipated, 2014) • Right to Electronic Access: If covered entity uses an EHR, individual has a right to a copy of his PHI in electronic format. Effective 2/2010 • Right to Restriction: Covered entity must comply with individual’s request for restriction if disclosure: (1) is to health plan for payment or health care operations and (2) pertains to item/service that patient paid for “out-of-pocket.” Effective 2/2010
Business Associates: Liable for compliance with Security Rule and uses and disclosures under Privacy Rule; HIEs, certain PHR and others transmitting data are business associates. Effective 2/2010 • Notice of Privacy Practices: New Privacy Notice. EVERY patient must receive a copy of the new one; as if they were new patient. Effective 2/17/2010 • Acknowledgement Forms: Form is the SAME! New procedure: Do NOT send them to Privacy Office anymore! Attach them to face sheet and send to Health Information for scanning into patient record. Effective 2/17/2010.
