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HHS Proposes Access Report for Patients: Proposed changes to HIPAA Privacy Rule

The Department of Health and Human Services (HHS) is now reviewing comments from healthcare industry participants about its proposed rule to modify the standard for accounting of PHI disclosures under the HIPAA Privacy Rule.  HHS has proposed revising the Privacy Rule by dividing it into two separate rights for individuals: the right to an access report of disclosures through electronic medical records; and the right to an accounting.

Under the Proposed Rule, covered entities would now be required to provide individuals with an “access report,” identifying all persons who have accessed an individual’s electronic “designated record set” information. The designated record set is the group of records maintained by or for a covered entity that is either (1) used, in whole or part, to make decisions about individuals; (2) a provider’s medical and billing records; or (3) enrollment, payment, claims, adjudication, and case or medical management record systems maintained by or for a health plan. This new access report applies only to electronic records and is intended in part, to fulfill a requirement established by the Health Information Technology for Economic and Clinical Health Act (HITECH) to provide individuals with information about disclosures of their PHI to carry out treatment, payment and health care operations if such disclosures are through an electronic health record.

Distinct from, but complementary to the access report is the proposed right to an accounting.  While the access report would provide information on who has accessed the individual’s electronic PHI, the accounting would provide additional information about the disclosure of the “designated record set” information to persons outside the covered entity and its business associates for certain purposes, such as law enforcement, or public health investigations.  The purpose of the access report is to allow individuals to learn if specific persons have accessed the individual’s electronic designated record set information.  The accounting disclosure, on the other hand is intended to provide more detailed information for certain disclosures that are most likely to impact the individual.

The deadline for submitting a comment to be considered by HHS was August 1, 2011.  The Final Rule will be published after HHS has reviewed, analyzed and if necessary responded to the comments, which can be viewed at:

http://www.regulations.gov/#!docketDetail;dct=PR+N+O+SR+PS;rpp=10;so=ASC;sb=postedDate;po=0;D=HHS-OCR-2011-0011.

Christine Salimbene, Vice President & General Counsel

Ms. Salimbene joined MTBC in 2009 as General Counsel, Vice President and Company Secretary. She and her team focus on mitigating business risk and ensuring compliance with all legal requirements.

HHS to Cut Premiums for Patients with Pre-Existing Conditions

The U.S. Department of Health and Human Services (HHS) announced that it will cut premiums for patients with pre-existing conditions by about 20% in those states in which it operates its Pre-Existing Condition Insurance Plan.  In addition, HHS will ask those states that operate the program on their own to cut coverage rates as well.

The impending premium cuts are an almost unheard-of response by the federal government to the disappointing enrollment in its stopgap health plans for patients with pre-existing conditions.  Enrollment in the program has lagged far behind initial projections that approximately that 200,000 Americans would be enrolled by 2013. Despite the $5 billion in funding provided by the government, little more than 8,000 people have enrolled in the plan nationwide.  The government will subsidize the program until 2014 when the program ends.  At that time, insurers will no longer be able to discriminate based on a person’s health status.

Not surprisingly, enrollment appears to be linked in part to state premiums.  Pennsylvania, which charges one of the lowest rates in the country, has more than 1,600 enrollees—more than 20% of the nationwide total and 1,000 more than any other state. Pennsylvania is also the only state to charge the same rate regardless of age.  By contrast, Missouri charges premiums that start at 50% more than the Pennsylvania rate and to date, only 101 residents have enrolled in the program.

To be eligible for the new program, you must have been uninsured for at least six months and have a pre-existing condition.  Most states require applicants to show proof that they’ve been rejected for coverage by a private insurer within the past six months or been denied coverage for certain benefits.   At least a dozen states, including Pennsylvania, give applicants the option to provide a doctor’s note as proof they have a pre-existing condition such as cancer or rheumatoid arthritis.

Who cares? The FTC hopes you do!

The Federal Trade Commission has launched a site to provide older patients–and those who care for them–a reliable source of health information for such topics as healthcare agencies, medications, alternative therapies, and Medicare fraud.

Physicians and healthcare providers are encouraged to direct patients to the FTC site in order to access accurate and updated information.

The site–ftc.gov/whocares–went live on November 19th and serves as a central repository of consumer-oriented healthcare information. The site points users to two major resources: Medlineplus, “a goldmine of good health information from the world’s largest library”, and HealthFinder, the Department of Health and Human Service’s site for general health information.

Who Cares helps patients and those who care form them answer such questions such as:

  1. I’m getting calls about switching to a new Medicare prescription drug plan. The caller says the plan will save me money. He said I could enroll on the phone. How do I know what I’m getting? Answer
  2. I saw an ad that said, “CURE YOUR ARTHRITIS WITHOUT DRUGS USING THIS ALL-NATURAL, GOVERNMENT-APPROVED REMEDY.” A natural remedy appeals to me, but poison ivy is natural, too. Seems like some products promise more than they can deliver. How can I tell if this one really works? Answer
  3. I’m thinking of ordering a DNA test that I can take at home. I just need to swab the inside of my cheek and send in the sample. Is this a gimmick, or do these tests really work? Answer

To find out more about Who Cares, click the button below.

WhoCares: Sources of Information About Health Care Products and Services