release of sensitive information to patient portal guidelines

What information can be included in a release of medical information?

In all but emergency circumstances, this may include a requirement for a written request for release of medical information. Essential information may include complete and clear: Identification of the entity to which the information is to be provided, including contact information Verify the legal authority of the requestor .

How do you verify a patient in a release request?

Verify the patient. Prior to processing the request, staff must verify the patient’s identification, as provided in the request for release, against the organization’s master patient index to ensure the correct records are retrieved.

Is it legal to release patient information to law enforcement?

HIPAA prohibits the release of information without authorization from the patient except in the specific situations identified in the regulations. This document is based on the HIPAA medical privacy regulations and provides overall guidance for the release of patient information to law enforcement and pursuant to an administrative subpoena.

What are the quality control practices for release of patient information?

Whether the release is for continuity of care or a noncare-related purpose, quality control practices should address: Tracking and monitoring the request from receipt through final disposition Processing the request in terms of priority as well as efficiency

What information can be accessed through a patient portal?

The features of patient portals may vary, but typically you can securely view and print portions of your medical record, including recent doctor visits, discharge summaries, medications, immunizations, allergies, and most lab results anytime and from anywhere you have Web access.

What is included in the release of patient information?

The patient's legal name, date of birth, gender, Social Security number, address, telephone number, guarantor, subscriber, or next-of-kin are key identifying elements that assist in establishing the proper individual.

What is considered sensitive patient information?

Sensitive PII (SPII) is generally defined as any PII which if lost, stolen, or disclosed without authorization could result in significant harm to an individual.

What does HIPAA have to say about patient portals?

Online patient portals allow patients to view their medical records, schedule appointments, and even request refills of prescriptions, anywhere the patient has access to the Internet. Patient portals contain information that constitutes electronic protected health information (ePHI) under the HIPAA Security Rule.

What are the 8 requirements of a valid authorization to release information?

Valid HIPAA Authorizations: A ChecklistNo Compound Authorizations. The authorization may not be combined with any other document such as a consent for treatment. ... Core Elements. ... Required Statements. ... Marketing or Sale of PHI. ... Completed in Full. ... Written in Plain Language. ... Give the Patient a Copy. ... Retain the Authorization.

When may you release confidential information over a patient's objection?

Mandatory disclosure of information Under the CMIA, medical information must be released when compelled: by court order. by a board, commission or administrative agency for purposes of adjudication. by a party to a legal action before a court, arbitration, or administrative agency, by subpoena or discovery request.

What are examples of sensitive information?

ExamplesSocial security number.Birthdate/place.Home phone number.Home address.Health records.Passwords.Gender.Ethnicity.More items...

What are five types of sensitive data?

What Is Considered Sensitive Information?PII — Personally Identifiable Information.PI — Personal Information.SPI — Sensitive Personal Information.NPI — Nonpublic Personal Information.MNPI — Material Nonpublic Information.Private Information.PHI / ePHI — (electronically) Protected Health Information.More items...•

What is an example of sensitive health information?

Personal Information Protected health information (PHI) such as medical records, laboratory tests, and insurance information. Educational information such as enrollment records and transcripts. Financial information such as credit card numbers, banking information, tax forms, and credit reports.

Are patient portals confidential?

(a) Patient Portal is intended as a secure online means for you to access your confidential medical record information. Please note that if you share your Patient Portal user name and password with another person, this will allow that person to see your confidential medical record information.

Does 21st century Cures Act apply to paper records?

The 21st Century Cures Act only applies to patient health information that is stored electronically. If you are using paper records, the requirements of the Act do not apply to you.

Can doctors sell your information?

As long as they de-identify the records — removing information like patient names, locations, and phone numbers — they can give or sell the data to partners for research. They don't need to get consent from patients to do it or even tell them about it.

What is a release of information in healthcare?

Release of information (ROI) is the process of providing access to protected health information (PHI) to an individual or entity authorized to receive or review it.

What is necessary to release a patient's medical records to a patient?

To release the medical records to anyone other than the patient, a valid authorization must be obtained. To release records to a patient, only the patient's handwritten, signed request is required. Make sure to release only the copies of the medical record, including videos, X-rays and so on.

What is ROI in healthcare?

A return on investment (ROI) analysis is a way to calculate your net financial gains (or losses), taking into account all the resources invested and all the amounts gained through increased revenue, reduced costs, or both.

What is the process when releasing patient's medical records?

The physician should ask the patient to sign a written authorization to release this nontherapeutic information. The written permission should be dated, state to whom the information is to be released, which information may be passed on to that party, and when the permission to obtain information expires.

How is information related to mental health treated under HIPAA?

How information related to mental health is treated under HIPAA; When information related to mental health may be shared with family and friends of an individual with mental illness, including parents of minors; and. The circumstances in which information related to mental health may be disclosed for health and safety purposes.

Why do we need to share information about mental health?

At times, health care providers need to share mental and behavioral health information to enhance patient treatment and to ensure the health and safety of the patient or others.

What is HIPAA for mental health?

HIPAA recognizes that some patients (including those with a mental illness or substance use disorder) may be unable to make their own health care decisions, including decisions related to health information privacy. HIPAA provides personal representatives of a patient with the same rights to request and obtain health information as the individual, ...

What is HIPAA law?

The HIPAA Rules are designed to protect the privacy of all of an individuals’ identifiable health information and to ensure that health information is available when needed for treatment and other appropriate purposes. Given the sensitive nature of mental health and substance use disorder treatment information, ...

Can a healthcare provider refuse to treat a patient as a personal representative?

HIPAA also allows a health care provider to determine, based on professional judgment, that treating someone as a patient’s personal representative for HIPAA purposes would endanger the patient, and to refuse to treat the person as a personal representative under those circumstances.

Who is the personal representative of a child under HIPAA?

HIPAA provides personal representatives of a patient with the same rights to request and obtain health information as the individual, including the right to obtain a complete medical record under the HIPAA right of access. Parents of minor children (typically under age 18) are generally the personal representatives of their children.

Can a patient share their health information with family?

HHS Office for Civil Rights has released guidance on when and how healthcare providers can share a patient’s health information with his or her family members, friends, and legal personal representatives when that patient may be in crisis and incapacitated, such as during an opioid overdose.

What is the role of hospitals in protecting patient information?

Introduction. Hospitals and health systems are responsible for protecting the privacy and confidentiality of their patients and patient information. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations established national privacy standards for health care information. HIPAA prohibits the release of information ...

What is HIPAA medical privacy?

HIPAA prohibits the release of information without authorization from the patient except in the specific situations identified in the regulations. This document is based on the HIPAA medical privacy regulations and provides overall guidance for the release of patient information to law enforcement and pursuant to an administrative subpoena. ...

What is release of information software?

Release of information software is designed to facilitate tracking requests through their lifecycle. The software can aid management in monitoring staff performance, turnaround times by type of request, and other measures.

What is essential information?

Essential information may include complete and clear: Identification of the patient, including contact information. Identification of the entity to which the information is to be provided, including contact information. List of information to be released. Verify the legal authority of the requestor .

What is the HIPAA privacy rule?

The HIPAA privacy rule contains specific requirements for the management of health information to ensure confidentiality of the individual; the rule attempts to balance the need for prompt and informed delivery of healthcare services with that of protecting the individual. Confusion occurs when state laws are mixed into the process.

Why is it important to flag a request for continuing care?

It is important to ensure that all pertinent information is captured at the time the request is logged. Staff can flag requests for continuing care to distinguish them from the other types of requests routinely received , such as third-party payer, legal, and research requests.

What is the information that pertains to behavioral health or substance abuse care?

Information that pertains to behavioral health or substance abuse care falls under more stringent state and federal regulations and requires particular care in the review of the request, authorization for release, and provision of the specified information to the entity designated to receive it.

Why is exchange of health information important?

Exchange of health information is an essential function to the provision of high-quality and cost-effective healthcare. The information should be complete and timely for its intended purpose. While this sounds straightforward, often it is not an easy task in the complex medical and legal environment in which the healthcare community operates.

Is there a state privacy law?

There is no standard, uniform state privacy law in use by all 50 states and the territories. State laws also vary in focus (e.g., HIV or genetic information) as well as degree of strictness or protectiveness of patient privacy.

How to protect patient portals?

Safety of Patient Portals: Extra Tips to Follow 1 See if the software for patient portals was independently tested for security readiness. Use only a HIPAA-compliant software from a reputed vendor. Update the software regularly. 2 Don’t underestimate the value of physical safeguards in reducing the risk of breaches or unauthorized access. For example, consider installing an alarm system in the building or the facility that houses the servers. 3 Make sure your staff has received proper training on explaining what patients can do to keep their health data secure. 4 Use secure online forms to collect patient information. Find more on Creating Secure Web Pages and Forms. 5 If your portal accepts online payment using a credit card, it is essential that it complies with The Payment Card Industry Data Security Standard (PCI DSS).

Why are patient portals important?

No doubt, patient portals are highly effective in increasing patient engagement and optimizing treatment outcomes. But many patients tend to be reluctant in adopting this “new” tool as they are concerned about the security and privacy issues. The safety concerns make a lot of sense considering how hackers are increasingly attacking health data.

What is the best way to protect information?

Encrypt the information. Whether you are storing the information or sending it through the internet, encryption is strongly recommended. Encryption renders the information unreadable to those who do not have a security key. The security key is available only to the authorized persons.

What is the security key?

The security key is available only to the authorized persons. With encryption, even if a hacker gets access to the data, they cannot make sense of it. Two forms of encryption are- hardware encryption and software encryption. For the highest level of security, experts recommend using both these forms.

Is a patient portal a good tool?

Patient portals are relatively new in the Health-IT arena. And as with any new tool, a mass adoption is sure to take some time. No doubt, patient portals have some security concerns. However, this does not take away the fact that they are a great tool for enhanced patient engagement. With the right policies on risk management, you can expect to attract more patients in your portal.

Is HIPAA a privacy law?

HIPAA has been instrumental in providing preliminary guidelines on the safety and privacy of health information. But HIPAA rules can stir confusion among the users . Most notably, many patients still do not know enough about their right to the medical privacy.

What is EHR incentive?

The Medicare and Medicaid EHR Incentive Programs encourage patient involvement in their health care. Online access to health information allows patients to make informed decisions about their care and share their most recent clinical information with other health care providers and personal caregivers.

Can a provider withhold information from a patient's website?

However, the provider may withhold any information from online disclosure if he or she believes that providing such information may result in significant harm.

Can a patient opt out of health information?

A: A patient can choose not to access their health information, or “opt-out.” Patients cannot be removed from the denominator for opting out of receiving access. If a patient opts out, a provider may count them in the numerator if they have been given all the information necessary to opt back in without requiring any follow up action from the provider, including, but not limited to, a user ID and password, information on the patient website, and how to create an account.

Does CMS require growth charts?

However, because this certification capability is not required, eligible professionals and hospitals do not need to generate and make growth charts available in order to meet the objective.

What is HIPAA compliant?

A secure (HIPAA-compliant) messaging platform that encrypts all communications. An intrusion detection system that monitors for file changes and irregular network activity. Auditing solutions that monitor for improper accessing of patient information.

What are the security measures that can be implemented as part of a layered security strategy?

Typical security measures that can be implemented as part of a layered security strategy include: A firewall to prevent unauthorized individuals from accessing your network and data. A spam filter to block malicious emails and malware. An antivirus solution to block and detect malware on your system.

Can you give detailed information about security controls?

If patients require more information or want details , you could explain that for security reasons you cannot provide detailed information about security controls you have in place. Just as you would not tell anyone where your safe is located and how many turns of the dial are required to open it.

Can you share PHI with third parties?

Only sharing PHI with a limited set of third parties after a contract has been entered into to ensure they abide by strict rules covering uses and disclosures of PHI and data security . Re-train all staff (annually) to maintain high privacy and data security standards.