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June 7, 2011

Accountings for PHI Disclosure: Rules Proposed

HHS’ Office of Civil Rights has recently proposed rules relating to accounting of disclosures.  The HIPAA law, as modified by the Health Information Technology for Economic and Clinical Health Act (HITECH), requires certain accounting of disclosures of protected health information (PHI) maintained in a designated record set.  These rules propose to clarify the types of accounting that are required.  Of particular note, the proposal would limit the accounting to the past 3 years. 

In addition, the proposal recommends an access report requirement for PHI maintained in electronic records.  This access report would disclose who has accessed the records, but not the detail of what is disclosed. 

When HHS finalizes this proposal, additional details will be forthcoming.

 

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations.

As required by U.S. Treasury rules, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this Benefit Beat is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service.

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