Friday, May 28, 2010

OCR Request for Information: HIPAA Privacy Rule Accounting of Disclosures under HITECH

Today, the Office for Civil Rights (OCR), Department of Health and Human Services gave a Request for Information HIPAA Privacy Rule, entitled Accounting by requirements under the Health Information Technology for Economic and Clinical Health Act (75 Fed Reg 23 214 May 3 2010). For more information on the OCR website. The request for information by OCR seeking comments from consumers and health providers / organizations. OCR seeks information on the following areas: Understanding of the interests of individuals (health of consumers) in relation to such information and learning The administrative burden for covered entities (providers / organizations) and business partners of accounting for this information. The Request for Information says that § 13 405 (c) of the Health Information Technology for Economic and Clinical Health (HITECH) Act extends the right of individuals under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to a payroll of information obtained from health information protected by HIPAA covered entities, and made their business partners. In particular, section 13 405 (c) of the Act requires HITECH that the rule change to require HIPAA Privacy, do the institutions concerned to disclose protected health information Account Betreatment, payment and health care operations, if such information is through an electronic health record. The request for information requests specific comments on the following nine questions: 1st What are the benefits of a financial year of the individual information, primarily for treatment, payment and health care operations purposes? 2nd If individuals get on their current right to an accounting of information? On what do you base this assessment? 3rd If you have a covered place, how to make it clear to individuals who receive their right to an accounting of information? How many requests for an accounting, you have received from individuals? 4th For individuals that have received a settlement of the information, the accounts give the individual the information he or she was looking for? Are you aware of how individuals use this information once obtained? 5th With regard to treatment, payment and health care operations disclosures, 45 CFR 170.210 (e) currently provides the standard that an electronic health record system, the date, time, patient identification, user identification and description of disclosure. In response to its Interim Final Rule, received the Office of the National Coordinator for Health Information Technology Comments on this standard andthe appropriate certification criterion suggesting that the standard also made to the disclosure (ie, receiver) and the reason or purpose, including for the disclosure. If a portion of treatment, payment and health care operations include such information, or other items, and if so, why? How important is it to individuals for the specific purpose of disclosure, ie, know it would be sufficient to describe the purpose, as a rule (eg für''für treatment, payment or'''','''' for health care operations purposes''), or more precisely, be for the accounting of value? To what extent individuals familiar with the various activities that constitute kann''Gesundheitsversorgung operations?''On what basis do you do this assessment? 6th For existing electronic systems for patient records: (A) Is the system zwischen''benutzt''und''''Angaben able to distinguish how these terms under the HIPAA Privacy Rule defined? Note that the Begriff''''Offenlegung includes the exchange of information between a hospital and doctors who are on the medical staff of the hospital, but not members of the staff. (B) If the system only the inclusion of access to information, regardless limited to whether there eggne use or disclosure, such as certain audit logs is what information is collected? How long this information is retained? What would keep the load on the information for three years? (C) If the system is able to distinguish between processing and dissemination of information on what data elements are automatically collected through the system for the data (that is, without requiring additional manual entries collected by the person to disclose)? What information, if any, will manually by the person who entered the disclosure? (D) If the system is able to distinguish between uses and disclosures of information, it is a description of the record information in a standardized form (for example, offer the system or a user must choose from a limited list of information) ? If so, is such a feature will be used and what are its advantages and disadvantages? (E) Is there a single, central electronic patient record system? Or it is a decentralized system (eg different Departments maintain various electronic systems for patient records and an accounting of information for treatment, Payment and health care operations should be pursued for each system)? (F) the system is automatically an accounting of disclosures in the HIPAA Privacy Rule under the current (ie, the systemsystem account for disclosures other than to carry out treatment, payment and health care Operations)? i. If yes, what would the additional burden to bear but also information on the implementation of treatment, payment and health care operations? Would additional hardware requirements (such as accounting, to store such information)? If such a function accounting impact system performance? ii. If not, it is another automated system for accounting of disclosures, and does it with Schnittstelledie electronic health record system map? 7th HiTech-The Act provides that a covered agency, that an electronic health record is obtained after first January 2009 must first start with the new accounting requirements January 2011 (or anytime after that date, if it acquires an electronic health record) correspond, unless we extend the compliance deadline of no later than 2013th If the covered entities be able to begin reporting information on an electronic patient record for the implementation of treatment, payment and health care operations 1 January 2011? If not, how much time it would provider of electronic health record systems for designing and implementing such a feature? Once such feature is available, how much time it would for one concerningto make open facility to install an updated electronic patient records with this feature? 8th What is the feasibility of an electronic health record module, which is devoted exclusively to information for financial reporting (both figures that are pursued for the purposes of accounting under the current HIPAA Privacy Rule and information needs to carry out the treatment, payment and health care operations) ? Had such a module to work with the affected facilities that use electronic systems to maintain patient records for decentralized? 9th Are there any other information to be helpful, the department would be regarding accounting disclosures by an electronic patient record for the implementation of treatment, payment and health care operations?

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