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My input on #HIPAA2019 = from cheap seats. RFI commentary, in snips. Doctors and other clinical providers SHOULD NOT be required to release patient information to other doctors WITHOUT THE EXPRESS PERMISSION, per case/per data set, of the patient whose PHI is being released. /1
Information about mental health care, or genetic screening/testing, received by a patient SHOULD NOT be shared WITHOUT THE EXPRESS PERMISSION, per case/per data set, of the patient whose PHI is being shared. /2
ALL recipients of PHI shared by clinical providers MUST be available to the patient whose PHI it is. That data sharing audit trail must be available to the patient, either by physical notification via letter, ... /3
or via electronic communication as indicated as preferred by the patient (ie portal, SMS texting, secure email). HIPAA-covered PHI sharing *must* be the same between providers and between provider and patient. /4
In other words, if a medical provider is required to share patient information with another provider within a specific time frame, sharing that same patient information with the patient whose information it is within that same time frame needs to be a requirement. /5
Provider to provider within 48 hours? Provider to patient within 48 hours. NO patient information should be shared with community or law enforcement entities ... /6
- ie state social services agencies, police departments, or courts - without EXPRESS permission from the patient whose information it is, every time, for every data release. No exceptions. /7
Accounting of Disclosure (AoD) rules must be clarified and simplified. The proposed rule modification does not address this, in fact it worsens the ability of patients to get an AoD of their information. /8
Keep NPP as it stands. Make HIPAA do what it was originally supposed to do: open information flow to make care more efficient - ie one-and-done on history forms, meds lists, et al. /9
NPP stays as it is, and powers above-outlined continuing permission for PHI use DIRECTED BY THE PATIENT, not by providers. /10
HIPAA IS NOT A BURDEN. The use of HIPAA as an information blocking move by providers IS a burden to patients. "Because HIPAA" is something I have personally experienced as a reason why I could not get copies of my own records from a medical provider ... /11
and I've had to school large hospitals on what HIPAA really means in those instances. Better understanding of HIPAA by citizens, and the healthcare providers who serve those citizens, would be a better use of HHS OCR's time and budget, I think. So do it. /12
cc @BraveBosom @myopennotes @ePatientDave @TheLizArmy @HealthPrivacy Note that above is TOTALLY from the cheap seats. POV of person-on-the-street. Figuring HHS won't know what to make of it, frankly. /13
BTW, if YOU want to weigh in on RFI for #HIPAA2019, you have until TOMORROW, Feb. 12, to do so. Right here. Just press play >> bit.ly/OCRHIPAAcomm /14
