BC Advantage - 2023 Issue 5
Is the Violation Right of Access or Information Blocking? Do You Know the Difference?
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Article Overview
This article is for HIPAA Privacy/Security and Compliance Officers, Health Information Management professionals, and others responsible for health information access policies. It explains the general compliance context for the HIPAA right of access and information blocking, references the governing federal regulations and related interoperability concepts, and discusses why organizations need to distinguish between these two frameworks when handling health information.
Why This Topic Matters
Understanding the difference between these two access-and-exchange requirements helps organizations align privacy, interoperability, and compliance practices with applicable federal and state obligations.
Article Sections
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Right of Access Initiative
Introduces the HIPAA right of access framework and its role in allowing individuals to obtain their health information. It also references the federal regulation associated with this topic and the broader privacy and security context.
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Information Blocking
Describes the information blocking framework and its relationship to electronic health information exchange. This section also references the governing federal regulation and the interoperability context tied to the 21st Century Cures Act.
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Confused?
Provides a high-level comparison of the two topics and explains that they are related but distinct compliance concepts. The section also notes changes in the electronic health information landscape and the role of designated record sets and interoperability standards.
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Conclusion
Summarizes the importance of handling patient access requests and information protection responsibly. It encourages further education and consultation with legal and compliance resources.
What You Will Learn
- How the article frames HIPAA right of access in the context of health information requests
- How the article frames information blocking in the context of electronic health information exchange
- Why compliance teams need to distinguish between the two topics
- What general regulatory and operational themes are discussed in the comparison
Who Should Read This
- HIPAA Privacy Officers
- HIPAA Security Officers
- Compliance Officers
- Health Information Management professionals
- Healthcare organization leadership
Codes Discussed
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