Covered entities beware: a timing pitfall lurks within the recently adopted rules prohibiting information blocking. We have posted about OCR’s “Right to Access Initiative” and numerous enforcement actions taken to
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Individual Access Rights
HIPAA Right to Access Initiative Targets Psychiatric/Mental Health Providers
Mental Health/substance abuse providers and providers treating HIV/AIDS patients are held to a higher standard when it comes to protecting medical records, requiring additional levels of consent and analysis prior…
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Tell Me Again: What Can Covered Entities (or their Business Associates) Charge for Medical Records Requests?
The answer to this question has changed yet again. I’ve blogged on this topic several times in the past (see here, here and here), and described the question…
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Clear Message from OCR: Don’t Ignore (or Overcharge for) Patient Requests for Records
Last week, the Office for Civil Rights (OCR) announced its second enforcement action and settlement with a provider for failing to comply with HIPAA’s patient access requirements. Korunda Medical, LLC,…
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Back to School and Back to BAAs: OCR Guidance Provides Reason to Review BAA Provisions
Last May, around the time many schools let out for the summer, the Office for Civil Rights (“OCR”) published guidance entitled “Direct Liability of Business Associates” (the “Guidance”),…
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UK Data Protection Authority Advises Doctors on Patient Requests for Access to Health Information
Data subject access rights and your medical practice: The UK Information Commissioner’s Office (ICO) issues advice.
Medical practices have reported a significant rise in subject access requests (SARs) since the…
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The Cost for a Copy of Medical Records? It May Depend Who’s Asking
The Report to Congressional Committees of the U.S. Government Accountability Office (“GAO Report”), required under the 21st Century Cures Act, came out about a month earlier than…
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Involuntary Commitment Laws and Privacy Restrictions
In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young…
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New HIPAA Guidance on Disclosure of PHI Related to Opioid Abuse and Mental Health
In our most recent post, the Top 5 Common HIPAA Mistakes to Avoid in 2018, we noted that the U.S. Department of Health and Human Services, Office for Civil…
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Top 5 Common HIPAA Mistakes to Avoid in 2018
Heading into its 22nd year, HIPAA continues to be misunderstood and misapplied by many, including health care industry professionals who strive for (or at least claim the mantle of) …
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