is it legal to charge patients for patient portal acess

by Orie Willms 7 min read

Should providers charge patients for portal access ...

30 hours ago Feb 02, 2015 · But the fact remains that adopting a patient portal is still a costly investment. And with the costs of running a medical organization rising, … >> Go To The Portal


Potentially, yes. According to a 2009 Gallup survey, the cost of healthcare is the "foremost concern" of Americans. So while a small fee for access to a portal may seem reasonable to you, your patients may feel like you're "nickel-and-diming" them.

Full Answer

Can I charge patients for completing a form?

Feb 02, 2015 · But the fact remains that adopting a patient portal is still a costly investment. And with the costs of running a medical organization rising, …

Do you need more than one portal for patient information?

Oct 27, 2014 · Even if you start charging patients for online access to your practice's portal, it's unlikely you'll recoup as much capital as you would from …

Can medical practices charge patients for medical records?

Providing individuals with easy access to their health information empowers them to be more in control of decisions regarding their health and well-being. For example, individuals with access to their health information are better able to monitor chronic conditions, adhere to treatment plans, find and fix errors in their health records, track progress in wellness or disease management …

Is it legal for a doctor to charge a fee?

Nov 07, 2014 · A patient portal provides patients with secure online access to parts of their medical record. Patient portals also provide health information and services that help patients better look after their health, such as exchanging messages with care providers, refilling prescriptions, completing forms online, paying bills and scheduling appointments.

What does HIPAA have to say about patient portals?

Patient portals contain information that constitutes electronic protected health information (ePHI) under the HIPAA Security Rule. ePHI is defined as any protected health information (PHI) that is created, stored, transmitted, or received in any electronic format or media.Sep 9, 2019

Are there any drawbacks to the patient or provider when using a patient portal?

The most frequently reported downside to patient portals is the difficulty providers often face in generating patient buy-in. Although providers are generally aware of the health perks of using a patient portal, patients are seldom as excited about the portal as they are.Feb 17, 2016

What are the 3 patient rights under the HIPAA Privacy Rule?

Patients have a number of rights under the HIPAA Privacy Rule. These rights cover how and when protected health information can be used; the right of access to medical records; and the right to amend PHI. The various HIPAA patient rights are discussed below.Nov 20, 2020

Which of the following US laws gives patients access to personal medical records and the right to authorize how this information can be used or disclosed?

Health Insurance Portability and Accountability Act (HIPAA) – HIPAA establishes national standards for the administration and protection of individuals' health information (e.g., medical or health records, personal health information).

Why do patients not use patient portals?

For some people, they avoid using the portals altogether for reasons like security issues, low health literacy, or lack of internet. Even for those who do access their accounts, there are still other disadvantages of patient portals.Nov 11, 2021

What is a possible negative consequence of a patient having access to their electronic health record?

EHRs may cause several unintended consequences, such as increased medical errors, negative emotions, changes in power structure, and overdependence on technology.May 11, 2011

What is considered a HIPAA violation?

What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.Jul 3, 2018

Which of the following legally have permission to access a patient's personal health information?

General Right. The Privacy Rule generally requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more “designated record sets” maintained by or for the covered entity.

Can a non medical person violate HIPAA?

No, it is not a HIPAA violation. Yes, HIPAA applies only to healthcare providers; however, fiduciaries owe a duty of confidentiality.Mar 2, 2021

What are the 5 Rules of HIPAA?

HHS initiated 5 rules to enforce Administrative Simplification: (1) Privacy Rule, (2) Transactions and Code Sets Rule, (3) Security Rule, (4) Unique Identifiers Rule, and (5) Enforcement Rule.Feb 3, 2022

Which of the following is not a covered entity in the privacy Rule?

Non-covered entities are not subject to HIPAA regulations. Examples include: Health social media apps. Wearables such as FitBit.Jun 22, 2021

What is a valid reason for denying an amendment request?

Reasons for Denial. The provider who received the amendment request had not created the original record. The record was created at another office. There is an exception if the creator is no longer available and the mistake in the record is apparent.

Who has the right to access health records?

The Privacy Rule generally also gives the right to access the individual’s health records to a personal representative of the individual. Under the Rule, an individual’s personal representative is someone authorized under State or other applicable law to act on behalf of the individual in making health care related decisions. With respect to deceased individuals, the individual’s personal representative is an executor, administrator, or other person who has authority under State or other law to act on behalf of the deceased individual or the individual’s estate. Thus, whether a family member or other person is a personal representative of the individual, and therefore has a right to access the individual’s PHI under the Privacy Rule, generally depends on whether that person has authority under State law to act on behalf of the individual. See 45 CFR 164.502 (g) and 45 CFR 164.524.

Who has the right to access PHI?

An individual’s personal representative (generally, a person with authority under State law to make health care decisions for the individual) also has the right to access PHI about the individual in a designated record set (as well as to direct the covered entity to transmit a copy of the PHI to a designated person or entity of the individual’s choice), upon request, consistent with the scope of such representation and the requirements discussed below. See 45 CFR 164.502 (g) and http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/personalreps.html for more information about the rights that can be exercised by personal representatives.

Why is it important to have access to health information?

Providing individuals with easy access to their health information empowers them to be more in control of decisions regarding their health and well-being. For example, individuals with access to their health information are better able to monitor chronic conditions, adhere to treatment plans, find and fix errors in their health records, ...

What is the HIPAA Privacy Rule?

With limited exceptions, the HIPAA Privacy Rule (the Privacy Rule) provides individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.

What does it mean when a lab report is complete?

For purposes of the HIPAA Privacy Rule, clinical laboratory test reports become part of the laboratory’s designated record set when they are “complete,” which means that all results associated with an ordered test are finalized and ready for release.

Can I send a copy of my PHI to a third party?

Yes, but only within specific limits. The Privacy Rule permits a covered entity to impose a reasonable, cost-based fee to provide the individual (or the individual’s personal representative) with a copy of the individual’s PHI, or to direct the copy to a designated third party. The fee may include only the cost of certain labor, supplies, and postage:

Can a covered entity charge for access to a PHI?

Yes. When an individual requests access to her PHI and the covered entity intends to charge the individual the limited fee permitted by the HIPAA Privacy Rule for providing the individual with a copy of her PHI, the covered entity must inform the individual in advance of the approximate fee that may be charged for the copy. An individual has a right to receive a copy of her PHI in the form and format and manner requested, if readily producible in that way, or as otherwise agreed to by the individual. Since the fee a covered entity is permitted to charge will vary based on the form and format and manner of access requested or agreed to by the individual, covered entities must, at the time such details are being negotiated or arranged, inform the individual of any associated fees that may impact the form and format and manner in which the individual requests or agrees to receive a copy of her PHI. The failure to provide advance notice is an unreasonable measure that may serve as a barrier to the right of access. Thus, this requirement is necessary for the right of access to operate consistent with the HIPAA Privacy Rule. Further, covered entities should post on their web sites or otherwise make available to individuals an approximate fee schedule for regular types of access requests. In addition, if an individual requests, covered entities should provide the individual with a breakdown of the charges for labor, supplies, and postage, if applicable, that make up the total fee charged. We note that this information would likely be requested in any action taken by OCR in enforcing the individual right of access, so entities will benefit from having this information readily available.

Why are patient portals important?

In addition to being a legal requirement, patient portals aim to improve patient-provider communication and patient education. This makes patients more informed about their health, making office visits more productive and beneficial for patients and providers, as well as improving care.

What are the requirements for Stage 2 meaningful use?

Stage 2 meaningful use requirements include 17 required features and 6 additional features that must be included in certified electronic health records. These features are applicable to the entire electronic health record, not just features that are applicable to the patient portal.

What is syndromic surveillance?

Syndromic surveillance data refers to health data for the purpose of preventing or addressing public health crises, such as epidemics. Electronic notes about patient progress. These electronic notes go on patient records. Imaging results, including the image itself and relevant explanations or information.

When are clinical notes required to be shared?

Under this new rule, clinical notes must be shared by health systems by April 5, 2021, and shared with a patient’s 3rd party application (“app”) that may be downloaded to a smart phone or other device by the end of 2022. Highlighted Regulatory Dates – Information Blocking Provisions ( see full PDF ).

What are clinical notes?

Clinical notes to which the rules do not apply: 1 Psychotherapy notes that are separated from the rest of the individual’s medical record and are recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session. Note: All clinicians and organizations are required to share medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date. 2 Information compiled in reasonable anticipation of, or use in a civil, criminal or administrative action or proceeding.

What is the prevent harm exception?

Preventing Harm Exception: It will not be information blocking for an actor to engage in practices that are reasonable and necessary to prevent harm to a patient or another person, provided certain conditions are met.