who are the right sources of health information

Board Unit 1: Alignment of Course LO with Chapter LO. Yes, but only within specific limits. See § 164.524(c)(2)(i). (However, if the same PHI is maintained in more than one designated record set, a covered entity need only produce the information once in response to a request for access.) When cutting back on unhealthy foods in your diet, it’s important to replace them with healthy alternatives. At the same time, the provider should be able to count this access by the individual for purposes of meeting its EHR Incentive Program objectives, as long as the access was provided within the timeframes required by the EHR Incentive Program. This includes labor to locate the appropriate designated record sets about the individual, to review the records to identify the PHI that is responsive to the request and to ensure the information relates to the correct individual, and to segregate, collect, compile, and otherwise prepare the responsive information for copying. However, if the same PHI that is the subject of an access request is maintained in both the designated record set of the covered entity and the designated record set of the business associate, the PHI need only be produced once in response to the request for access. In responding to a request for access, a covered entity is not, however, required to create new information, such as explanatory materials or analyses, that does not already exist in the designated record set. No. See 45 CFR 160.203. Coordinating health care so A covered entity may charge an individual that has requested a copy of her PHI a reasonable, cost-based fee for the copy. Frequently Asked Questions for Professionals - Please see the HIPAA FAQs for additional guidance on health information privacy topics. The PHI that is the subject of the request is old, archived, and/or not otherwise readily accessible. See 45 CFR 164.524(b)(2). For information about other mental health apps, visit the Anxiety and Depression Association of America. Where the prohibition applies, a covered entity may charge only a reasonable, cost-based fee to cover the cost to prepare and transmit the PHI or a fee otherwise expressly permitted by other law or must have received a HIPAA authorization from the individual that states that the disclosure will involve remuneration to the covered entity. and other costs not included above, even if authorized by State law, are not permitted for purposes of calculating the fees that can be charged to individuals. Yes.& Except in very limited circumstances, an individual has a right to access all PHI about the individual that a covered entity (or its business associate) maintains in one or more designated record sets. In particular, if an individual requests an electronic copy of PHI in a specific format, and a covered entity maintains that PHI only on paper, the covered entity must provide the individual with the electronic copy, in the format requested, if the copy is readily producible electronically and readily producible in the electronic format requested. An individual has a broad right under the HIPAA Privacy Rule to access the PHI about the individual in all designated record sets maintained by or for a covered entity, whether in electronic or paper form, not just the designated record set that comprises the “medical record.”  See 45 CFR 164.524(a). People living with chronic conditions are more likely than other adults to tap into every health information resource available to them, online and offline. ; Where an individual requests an electronic copy of PHI that a covered entity maintains only on, Where an individual requests an electronic copy of PHI that a covered entity maintains. Where the third party is initiating a request for PHI on its own behalf, with the individual’s HIPAA authorization (or pursuant to another permissible disclosure provision in the Privacy Rule), the access fee limitations do not apply. Among online diagnosers, people living with one or more chronic conditions are more likely than others to say that the information they found online lead them to think that it needed the attention of a doctor or other medical professional: 53%, compared with 41% of those living with no chronic conditions. See 45 CFR 164.524(d)(3). The Privacy Rule permits a covered entity to impose a reasonable, cost-based fee if the individual requests a copy of the PHI (or agrees to receive a summary or explanation of the information). For example, a number of studies reviewed in Chapter 2 employed surveys such as the National Health Interview Survey (NHIS), the National Latino and Asian American Survey (NLAAS), and the California Health Interview Survey (CHIS). New Clarification – $6.50 Flat Rate Option is Not a Cap on Fees for Copies of PHI. Thus, these State laws do not apply when an individual exercises her HIPAA right of access. And there’s the added complication that what we know--or think we know--about health and nutrition is constantly evolving. The covered entity negotiates with the individual on the format of the response. Eighty percent of those who encountered a pay wall say they tried to find the information somewhere else; 17% gave up; and 2% paid the fee. However, a covered entity may not deny an individual’s access request to send PHI to a third party for other purposes. See 45 CFR 164.524(c)(2) and (3), and 164.308(a)(1). The individual’s request to direct the PHI to another person must be in writing, signed by the individual, and clearly identify the designated person and where to send the PHI. However, mail and e-mail are generally considered readily producible by all covered entities. For example, while a covered entity is not required to confirm that the individual provided the correct e-mail address of the third party, the covered entity is required to have reasonable procedures to ensure that it correctly enters the provided e-mail address into the covered entity’s system. Further, a covered entity is not liable for what happens to the PHI once the designated third party receives the information as directed by the individual in the access request. Forty-three percent of health information seekers living with chronic conditions say their last inquiry was about their own concerns, compared with 36% of those who report no conditions. Thus, concerns based on the mere possibility of harm are not sufficient to deny access. 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