Patient Portals & Right of Access: Compliance with the Information Blocking rule and HIPAA

HITEQ Webinar in June 2023

This Webinar and other materials appearing on this page (Content) are published as of June 22, 2023 and have not been updated to reflect any changes in the applicable laws discussed. The Content is made available for general informational, educational, and sample purposes only. The topics being discussed are not applicable or appropriate for all types of organizations. The information provided is not intended to be an exhaustive or definitive source for compliance with any specific regulation or law. Electronic exchange of health information is a complex topic, and the Content does not address all complexities. Nothing contained in as part of the Content is intended to serve as legal advice or offer specific recommendations based on an organization’s particular circumstances. Use of any Content made available does not guarantee compliance with federal or state laws. Viewers are encouraged to seek expert advice.

There are many questions about patient portals and the related requirements under the Information Blocking Rule. In this session, our expert speaker will review the impact of the Information Blocking Rule on implementation and use of the patient portal.

Over the last few years, the Office of Civil Rights has focused much of its enforcement efforts on ensuring patients are afforded their HIPAA right to access their protected health information (PHI). The Privacy Rule generally requires HIPAA covered entities to provide individuals, upon request, with access to the PHI (including electronic PHI) about them in one or more “designated record sets” maintained by or for the covered entity. This includes the right to inspect or obtain a copy, or both, of the PHI. It also includes an individual’s right to direct the covered entity to transmit a copy of their PHI to a designated person or entity of the individual’s choice.

The Information Blocking Rule has added another layer of complexity to this already-tricky compliance topic. Generally, the Information Blocking Rule prohibits certain “Actors” (i.e., heath care providers; health information exchanges/networks; developer of certified health IT) from “interfering with” an individual’s request for access, exchange, or use of his/her electronic health information. While the Office of National Coordinator made an effort to synchronize these new requirements with HIPAA, there are important distinctions that organizations need to understand if they are both a HIPAA covered entity for purposes of HIPAA and an Actor for purposes of the Information Blocking Rule, and need to comply with both sets of rules. This training is presented by the HITEQ Center in collaboration with the New Mexico PCA.