How can an Actor/covered entity provider comply with both the Information Blocking Rule & HIPAA when access to EHI/PHI needs to be denied based on harm that arises from corrupted data?
- Delay access to EHI/PHI instead of denying access completely.
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Threading the Needle on Patient Access after Information Blocking Goes into Effect April 5th
The Information Blocking (IB) Rule is intended to work in sync with HIPAA, including the “right of access” granted to patients with regard to their own protected health information (PHI). However, as I continue to analyze how to implement the
How the Preventing Harm Exception Differs from HIPAA
I believe that the “Preventing Harm Exception” under the Information Blocking Rule is not only the most challenging exception to apply, but also the most difficult to interpret – particularly where some of the standards do not exactly track HIPAA,
Fifth Circuit Vacates $4.3M MD Anderson Penalty
“If at first you don’t succeed, try try again.”After several years and appeals, M.D. Anderson has succeeded in overturning a hefty civil monetary penalty “(CMP”) stemming from a series of data breaches involving unencrypted devices. On January 14, the Court
A Look Ahead to 2021
Written by Catriona Coffey.The new year has much in store for electronic health information exchange compliance! Today’s post provides an overview of anticipated changes to the health information regulatory landscape in 2021, including increased interoperability efforts and telehealth expansion
Our Stockings are Stuffed with Compliance Tools
Seasons Greetings to all of our readers! First, we want to wish you and yours a holiday season filled with health, happiness and hope! We also want to thank you all for continuing to make Legal HIE such a popular
OCR Publishes New Guidance on Sharing PHI through HIEs for Public Health Purposes
Last Friday, the Office for Civil Rights (OCR) issued new Guidance on how HIPAA permits covered entities to use health information exchanges (HIEs) to disclose PHI for the public health activities of a Public Health Authority (PHA). Specifically, it provides
A “Double-Double” Set of Proposed Rules from CMS & OCR Affecting Data Sharing & HIPAA
Late last week, two new proposed rules were released which will affect the exchange of health information and HIPAA, among other things. The CMS and OCR proposed rules come in at over 347 and 357 pages respectively – so that’s
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?
A: For
Halloween Treat! HHS Delays Information Blocking Compliance Deadline to April 5, 2021!
Interim Final Rule with Comment Period Responds to COVID-19 Pandemic. Responding to public health threats posed by the coronavirus pandemic, today the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health IT (ONC) released an