June 25, 2024 has arrived! This means that the Final Rule for HIPAA Privacy to Support Reproductive Health Care Privacy is officially in effect, and HIPAA covered entities and business associates may now begin implementing its new requirements! But there are still many questions about how some of the new requirements should be implemented. Among those giving covered entities and business associates the most angst is the new Attestation requirement.
ONC Vindicated. Patients Want Immediate Access to Test Results
JAMA published a study earlier this week finding more than 95% wanted immediate access to test results. However, when speaking to ONC, the study’s lead researcher specifically noted that although 95.3% of patients who received abnormal test results responded that they still would like to continue to receive immediately released results, this was associated with nearly twice the likelihood of worry compared to respondents who received normal results.
ONC Releases Answers to Frequently Asked Questions to Information Blocking
On Monday, ONC posted a new Information Blocking Frequently Asked Questions resource! Here are a few of the highlights from all of the FAQs responded to by ONC:
Q: Are health plans or other payers subject to the information blocking regulation?
Q: For the period of time when Information Blocking is limited to USCDI data, how is an Actor expected to fulfill a request for USCDI data if they do not yet have certified health IT in place that includes an API with the USCDI standard?
Q: Is an Actor required to fulfill a request for access, exchange or use of EHI with all the EHI they have for a patient or should the amount of EHI be based on the details of the request?
Who is on the “Hook” for Information Blocking?
ONC’s final rule on Information Blocking implements the 21st Century Cures Act and fleshes out what is and is not a prohibited information blocking practice. However, not all health care organizations and their vendors are on the hook for complying with this new regulation. In my post today, I want to drill down on the scope of health care providers that must comply with the Information Blocking Rule.
Legal HIE has Relaunched with a NEW Membership Subscription Option!
Welcome (or, to some, “welcome back”) to Legal HIE -- we are thrilled that you are here! What started off informally as a wildly popular blog almost 10 years ago is now back (and still free) — but BETTER! Legal HIE readers now have an new option to subscribe to an annual Membership and gain...
Do I Need a HIPAA Business Associate Agreement?
A HIPAA “Business Associate” is a person, other than a member of the workforce, who creates, receives, maintains or transmits PHI in the performance of services or functions for or on behalf of a Covered Entity. Treatment and Payment disclosures do NOT create a HIPAA BA relationship. Conduits are not HIPAA BAs, but the exception is very narrow. Covered Entities should review each HIPAA BA Agreement is needed, or not.