HHS publishes guidelines on patient access to records under HIPAA

HHS publishes guidelines on patient access to records under HIPAA -

On January 7, 2016, the Department of Health and Human Services ( "HHS") published a fact sheet and a series of frequently asked questions questions to help clarify the right of an individual to access and obtain a copy of their health information under HIPAA. In his announcement, HHS notes that individuals face obstacles in assessing their health information and that "this must change." The FAQs address a number of topics, including information covered by the right access the form in which information is to be provided, the limited exceptions to the right of the individual, the time requirements for the provision of access to, and interaction between HIPAA access rights and conditions required for access of patients in EHR incentive Program of the HITECH Act. The publication summarizes the general issues relating to access and includes a number of FAQ addressing specific issues, facts and circumstances. It is important for physical therapists, and all health care providers to examine this document so that they can be better informed of the position HHS 'the right to access and make the necessary changes to policies and procedures. As noted above, the HHS has chosen to develop FAQ on this issue on the basis of the previous non-compliance by health care providers. Given the publication of these FAQs and past enforcement actions, a reasonable conclusion can be drawn that HHS may be less tolerant of non-compliance in this area should this issue arise during an audit or investigation

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Paul J. Welk

Paul is president of Tucker Arensberg technology Attorneys health law / health information Industry Group and focuses his practice on corporate law and health. As such, it represents physiotherapists, doctors, dentists, nonprofit organizations, professional organizations and other entities and commercial companies.

Some of the operations and recent clients, he has worked on include the representation of

• multiple physiotherapy professional associations State on a variety of issues
• private multiple physiotherapy practices with the development and implementation of property succession plans
• a venture capital firm with the dollar acquisition of shares of a target company $ 13 million
• therapy providers multiple physical in successful calls third-party payers
• multiple buyers of real estate assets and associated dental practices
• multiple physical therapy providers regarding the transfer of partial ownership and trading of governance and Documents shareholders
• physiotherapy multiple providers with assets and stock acquisitions and disposals
• a manufacturing company to negotiate a purchase of shareholder disputes and stocks
• a service provider to negotiate a yearly service contract for $ 5 million
• a listed company regarding the merger of two wholly owned subsidiaries
• two listed companies regarding the ongoing review of the distribution contracts, supply and service
• a seller of a skilled nursing and real estate related
• Several regional networks of rehabilitation providers on a variety of issues including training and ongoing operations
• a large physician practice in its sale to a health system

practice Areas: business and corporate law, health law, mergers and acquisitions

articles and presentations: Paul regularly lectures and writes on topics related to business law and health and is the author of foundation of the legal impact, a regular column in the American Physical Therapy Association impact Magazine Private Practice Section

associations and activities. Paul is a member of the Chair of Pennsylvania American physical therapy associations and past physical Committee of the American Association of therapy on risk management and member benefits. He is also member of the Medical Ethics Committee Bloomsburg supply, the School of Physiotherapy Advisory Board Duquesne University, the Pennsylvania Bar Association, and the American Lawyers Health Association. He is an assistant instructor at the School of Physical and a registered physiotherapist in the Commonwealth of Pennsylvania University of St. Francis

Jurisdictions: .. Paul is licensed to practice law in Pennsylvania

Education and background: Paul received his bachelor of science and a Masters in physical therapy with honors from Duquesne University and his law degree with honors from the University of Pittsburgh. He was Associate Editor of the University of Pittsburgh School of Law Journal of Law and Commerce and received the CALI Excellence Award for the future and Esther F. Teplitz Awards for academic achievement in the law program health. Paul graduated from the University of Pittsburgh School of Health Law Certificate Program Law.

Latest posts by Paul J. Welk ( see all)

• Phase 2 of HIPAA ongoing checks - March 25, 2016
• Websites and the Americans with Disabilities Act - An often overlooked risk - March 14, 2016
• HHS publishes guidelines on patient access to records under HIPAA - February 2, 2016
• physical supplier, voice and occupational therapy services Agrees to $ 38 million False Claims Act Settlement - November 12, 2014
• A Free Ride to PT - What is the risk - October 15, 2014