HHS issues new HIPAA rule.

• Position: HEALTH RECORDS

The Department of Health and Human Services (HHS) recently issued a proposed rule that modifies the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule's standard for the accounting of disclosures of protected health information (PHI).

This proposed rule addresses changes mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act, which requires HIPAA-covered entities and business associates to account for PHI disclosures made through an electronic health record for the purpose of treatment, payment, and healthcare operations.

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The proposed rule divides the accounting rights into two distinct individual rights. The first follows the long-standing accounting of disclosure rules, modifying the existing rule to require an accounting for three years before an individual's request...