EHR Accounting of Disclosures Rule Close to Publication

The Department of Health & Human Services recently pushed forward a HITECH-required proposed rule on accounting of disclosures of EHRs. The rule will lay the foundation for what healthcare providers will be accountable for when patients request disclosures of their electronic medical records.

The rule is in the hands of the Office of Management and Budget (OMB), which reviews all rules before they become final. Its review could take up to 90 days. HITECH expands an individual's right to request information from his/her health record.

In May 2010, the Office for Civil Rights (OCR), the enforcer of the HIPAA privacy and security rules published a notice in the Federal Register asking for help crafting this proposed rule on the accounting of disclosures on EHRs. OCR wrote that it wanted to "better understand the interests of individuals with respect to learning of such disclosures, the administrative burden on covered entities and business associates of accounting for such disclosures, and other information that may inform [its] rulemaking in this area."

Watch for more information on the new rulemaking in upcoming HCP Forum articles.