The session will cover the current HIPAA Accounting of Disclosures rule, the HITECH Act's required changes, and the proposed rule to implement HITECH which goes beyond what was required in the law and establishes a new right to an Access Report of all electronic PHI. The presenter will also explain what information is subject to the accounting of disclosures requirement and how individuals should be able to request and receive such accountings.
The kinds of disclosures that are exempt from the accounting will be described, particularly highlighting changes from the current requirements. The necessity for tracking disclosures that must be and must not be accounted for will be explained. Since not all electronic systems can readily provide an access report, we will discuss the impacts and issues involved with the limited auditability of many systems. The role of business associates who maintain or support your EHR will also be discussed, and the extension of the accounting out to them by way of their use of Designated Record Set data will be explored, including potential necessary changes to business associate agreements.