• HIPAA/HITECH Act: Accounting of Disclosures Proposed Rule - New Individual Right to Access Report and Significant Changes to Accounting of Disclosures Proposed
  • June 6, 2011
  • Law Firm: Alston Bird LLP - Atlanta Office
  • On May 31, 2011, the Office of Civil Rights (OCR) of the Department of Health and Human Services (HHS or “the Secretary”) published a notice of proposed rulemaking to modify the HIPAA Privacy Rule’s standard for accounting of disclosures of protected health information. The purpose of the proposed rule is, in part, to implement the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) requirement for covered entities and business associates to account for disclosures of protected health information (PHI) to carry out treatment, payment and health care operations if the disclosures are through an electronic health record (EHR). OCR also proposed to expand the accounting provision to provide individuals with the right to receive an access report for uses and disclosures of electronic PHI in a designated record set, in accordance with HITECH Act requirements.