Our compliance team, including Gary Powell and Kathryn Ayers Wickenhauser, were in attendance at this year’s HCCA Compliance Institute annual meeting at the National Harbor in Maryland. Wickenhauser, an author and speaker in the industry, penned her thoughts after one the sessions she attended. Her post, titled “Right to Access: Peters States Additional Guidance Forthcoming”, was recently featured on the Compliance and Ethics Blog. In this post, Kathryn shares insights from a question that was directed to Iliana Peters, the Senior Advisor for HIPAA Compliance and Enforcement at the Office of Civil Rights (OCR), during the live session.
Here’s an excerpt from Wickenhauser’s blog:
“The attendee asked Peters how to handle a situation when an attorney contacts the provider on behalf of the patient to produce records. The attendee states that attorneys have been “taking advantage” of the “Right to Access” guidance in an effort to receive the same cost-benefit a patient might for requesting a copy of their records, and the patient may not truly be aware of what is being delivered to a third-party. Peters indicated a suggested solution is to call the patient and see if they personally requested the records be delivered to their attorney, as well as what should be delivered, as nothing in the current “Right to Access” guidance prevents a provider from doing so. Additionally, she stated that more guidance was forthcoming to clarify the process and verification of a patient directing their health information to a third-party.”
To read more from Wickenhauser on this topic and the additional guidance that will be forthcoming, please continue on the Compliance and Ethics blog.