An Individual's Right to Access
On January 23, 2020, a Federal Court Order was issued in Ciox Health, LLC, v Azar, vacating the “third-party directive,” in that the fee limitation in 45 CFR 164.524 (c) (4) does not apply to an individual’s request to transmit records to a third party. This ruling potentially changes how organizations interpret their release of information practices.
This educational and interactive session will include the recent changes made to an individual’s right to access records and how organizations are operationalizing these changes. Discussion will include the intent of the new January 23, 2020, court order, definition of personal use with various patient request scenarios, authorizations including personal use and third-party directed, and copy fees. A comparison of the January 2016 HIPAA guidance, 45 CFR §164.524 vs the new 2020 ruling will be presented. Industry challenges and solutions will also be shared.
Attendees of this session will:
• Gain an understanding of the January 23, 2020, court order and the impact on an individual’s right to access.
• Learn about and discuss how this court order may change the definition of personal use, the authorization needed and the impact on copy fees.
• Hear and share how the industry is operationalizing these changes and the challenges that remain.
Jaime James, MHA, RHIA, MMRA