legal and regulatory considerations that exist with the use of phr and patient portal

by Dr. Lucie Bosco DDS 4 min read

Legal, Practical, and Ethical Considerations for Making ...

12 hours ago Legal, Practical, and Ethical Considerations for Making Online Patient Portals Accessible for All Am J Public Health . 2017 Oct;107(10):1608-1611. doi: 10.2105/AJPH.2017.303933. >> Go To The Portal


What is the difference between a patient portal and PHR portal?

Legal, Practical, and Ethical Considerations for Making Online Patient Portals Accessible for All Am J Public Health . 2017 Oct;107(10):1608-1611. doi: 10.2105/AJPH.2017.303933.

Why are personal health records (PHRs) required to be available?

and use of ePHRs. …. The ePHR is a personal health record; it contains information about the subject. Yet, the law does not define the nature of the bundle of relationships that defines the ePHR. PHRs: Risk and Legal Considerations for Clinicians and Consumers Source: Miller Holly, Yasnoff William, Burde Howard.

What is PHR utilization and why is it important?

Apr 01, 2016 · An associated difficulty is that EHRs must not only exist in individual offices and hospitals facilities but must also be able to communicate with PHRs. 25 In a study from the Library Association/National Library of Medicine, Joint Electronic Personal Health Record Task Force was reported that in only 26 percent of the 91 PHR products analyzed ...

Why is it important for hospitals to provide PHRs to patients?

Dec 30, 2017 · Since patient safety is multidimensional and grounded in ethical and legal imperatives, both ethical and legal challenges should be taken into account. Reaching the ultimate goal of the healthcare system, which is to ensure quality and safety of the services, requires structured policies and processes to foster the safety settings based on ...

What legal considerations play a role in use and maintenance of an EHR?

These systems, however, pose certain legal risks for physicians and healthcare systems that should not go unnoticed.Risk for medical malpractice claims. ... Likelihood of medical errors. ... Vulnerability to fraud claims. ... Breaches, theft and unauthorized access to protected health information.More items...•Jan 30, 2012

What safeguards are in place for PHR?

A PHR that a doctor or a health plan provides is subject to laws that protect medical privacy and set security standards, including HIPAA and California's Confidentiality of Medical Information Act (CMIA).Oct 11, 2017

What is one ethical or legal issue related to Ehrs that can impact a registered nursing practice?

[8] There are four major ethical priorities for EHRS: Privacy and confidentiality, security breaches, system implementation, and data inaccuracies.

What are the challenges with using a PHR?

As challenges to PHRs, respondents mentioned their own lack of sufficient experience with a PHR (71%), while 60% stated that patients were not ready for PHRs; they also cited computer skills illiteracy (20%), privacy and security issues (14%), and physicians' resistance (9%).

What makes the patient portal different from a PHR?

A tethered PHR, as defined by the ONC, is an online interface tied to an EHR with which patients may view and sometimes interact with their health data. ... A patient portal is a secure online website that gives patients convenient 24-hour access to personal health information from anywhere with an Internet connection.Feb 17, 2017

What safeguards are included in patient portals and PHRs to help patients and healthcare professionals ensure safety?

Patient portals have privacy and security safeguards in place to protect your health information. To make sure that your private health information is safe from unauthorized access, patient portals are hosted on a secure connection and accessed via an encrypted, password-protected logon.

What are challenges for patients that do not have access to all of the PHRs?

Between underutilization of technology, lack of patient education, and inadequate health IT interoperability, patients and providers are struggling to ensure robust patient health data access.Underutilized patient portals.Ambiguous security protocols.Limited health data interoperability.Aug 11, 2016

Why should you keep a PHR?

Keeping your own personal health record (PHR) allows you to give healthcare providers valuable information that can help improve the quality of care you receive. A PHR can help reduce or eliminate duplicate tests. It can allow you to receive faster, safer treatment and care in an emergency.

What is a PHR in healthcare?

A personal health record (PHR) is an emerging health information technology that individuals can use to engage in their own health care to improve the quality and efficiency of that care.

Why is PHR important?

Utilization of PHRs can be beneficial because it allows for the correction of errors in medical records and gives patients access to the information to share with other providers. Conversely, each provider may have a different system, thereby making patient utilization difficult.

What is a PHR?

Personal health records (PHRs), in conjunction with EHRs, are new technological tools that have promoted patients' participation in their healthcare decisions, correction of medical record errors, and increased access to medical care.2. For many years, patients have kept paper copies of their medical records, but with this new technology, ...

Why are personal health records important?

Personal health records (PHRs) have been mandated to be made available to patients to provide increased access to medical care information, encourage participation in healthcare decision making, and enable correction of errors within medical records. The purpose of this study was to analyze the usefulness of PHRs from the perspectives ...

What is the HITECH Act?

The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 encouraged the use of electronic health records (EHRs) through incentives for hospitals in the United States.1The goals of EHRs have been promotion of quality healthcare, cost containment, and safety for patients. Personal health records (PHRs), in conjunction ...

What is a PHR?

what is a personal health record (PHR) comprehensive electronic or paper-based record of health information controlled by the individual through which they can access, manage and share confidential health information. what is the difference between a PHR and an EHR. patient controls the PHR.

What is a living will?

living will. the part of an advance directive that specifics which life-sustaining treatments should be administered or withheld if the person becomes incapacitated. medical power of attorney. also called durable power of attorney for health care or healthcare proxy, the part of an advance directive naming a trusted person to make medical decisions ...

What is an advance directive?

advance directive. a binding legal document prepared and signed by a competent individual outlining the persons wishes should the person become incapacitated. caregiver. a person responsible for providing physical care and emotional support, usually in a-home-care setting. host.

What is electronic health records?

Electronic health records are often targeted by malware and hackers. These resources can help you ensure that you are taking the necessary steps to protect patients’ health information: Cyber Security Guidance Material — from the U.S. Department of Health and Human Services.

What is HIPAA compliance?

HIPAA compliance. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) ensures that health care providers protect patients’ personal health information. When we are not in the COVID-19 public health emergency, all of the telehealth services you provide need to be in compliance with HIPAA rules.

How to offer telehealth?

Before you offer telehealth: 1 Check with your insurance company to make sure they cover telehealth. In some cases, liability insurance will already cover it, and in others, you may need to purchase supplemental coverage. 2 If you plan to offer telehealth in more than one state, you will need to confirm that your insurance policy covers you for all locations. 3 You will also want to be aware of any state laws that regulate how you collect and store protected health information. To find out more about the state laws where you practice, visit State Health Care Law .

What is the notification of enforcement discretion?

Department of Health and Human Services Office for Civil Rights issued a Notification of Enforcement Discretion to empower covered health care providers to use widely available communications applications without the risk of penalties imposed by the U.S. Department of Health and Human Services Office for Civil Rights for violations of HIPAA rules for the good faith provision of telehealth services. For more information, read FAQs on Telehealth and HIPAA during the COVID-19 nationwide public health emergency or visit HIPAA and COVID-19.

Does telehealth insurance cover malpractice?

Protecting yourself from liability and malpractice. Before you offer telehealth: Check with your insurance company to make sure they cover telehealth. In some cases, liability insurance will already cover it, and in others, you may need to purchase supplemental coverage.