Healthcare IT Update

HITECH Act requires use of EHRs as tools to inform about disclosures under Privacy Rule.

Health care organizations and providers thought they dodged a bullet long ago when they convinced HHS to exclude disclosures of patient data used in the process of treatment and payments from the HIPAA privacy rules. But now, thanks to the HITECH Act, HHS is back, wondering what would be so terrible about requiring an accounting of such disclosures now.

Through a request for information issued in early May titled HIPAA Privacy Rule Accounting of Disclosures Under the Health Information Technology for Economic and Clinical Health Act (75 Fed Reg 23214 May 3, 2010), the HHS Office for Civil Rights says it expects to learn more about the interests of individuals, and the administrative burden on covered entities as well as business associates, concerning accounting for such disclosures.

Under current standards of the…