Information On Recent Court Ruling Affecting HIM and Privacy Officers
Recently, the District Court of Washington D.C. issued a ruling that has implications for HIM and Privacy processes. The case is Ciox V Azar, et al. The court found that Health and Human Services guidance issued in 2016 for individual requests for records copies overreached the intent of HIPAA. Secondly, that the 2013 Omnibus Rule was likewise overreaching in terms of requiring covered entities and their business associates to provide records copies to third parties in the same way and at the same charge as those records that are provided to the individual patient.
Attached you will find an article that I have authored addressing these issues in detail and explaining the actions covered entities should take now. Please review at your convenience. This should not be considered legal guidance, and I encourage you to consult your own counsel for any questions related to changing fee structures or policies.