Privacy Officer's Roundtable

Information Blocking Rule

  • 1.  Information Blocking Rule

    Posted 09-28-2020 03:06 PM

    Hi:

    Has anyone drafted an Information Blocking Rule policy and procedure that they would be willing to share?

    Thanks,

    Amanda​



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    Amanda Levine
    Director of Corporate Privacy/Privacy Officer
    Virtua
    Marlton,NJ
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    2020 SCCE Membership


  • 2.  RE: Information Blocking Rule

    Posted 09-29-2020 08:20 AM
    This is something I am working on now. We have 25 locations and a medical records department that processes all medical record requests. Right now I am envisioning a policy and procedure that would involve patients filling out the same authorization they typically do for sending medical records to third parties. These requests would go to our medical records team where they would have a defined process for processing these requests. I am meeting with our EMR vendor soon to discuss the technical aspects and how we will vet these third party apps so I do not have anything nailed down just yet but would love to see what others have if anything yet also. Ill be happy to share ours once I get a final draft.

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    Savannah Knuettel
    Compliance Officer
    Galen Medical Group
    Hixson,TN

    The views expressed herein are my own and do not represent those of my employer or clients. They are not meant to constitute legal advice or create an attorney-client relationship.
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    2020 SCCE Membership


  • 3.  RE: Information Blocking Rule

    Posted 09-29-2020 03:25 PM
    We are looking to create something similar as well and would love to see what others have or are planning.

    Like Savannah we are in the early stages of developing a plan and documenting a process as well.

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    Hannamarie Allison
    Privacy Manager
    City of Hope
    Duarte,CA
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    2020 SCCE Membership


  • 4.  RE: Information Blocking Rule

    Posted 10-03-2020 08:38 PM
    I am following this thread.  Interested in this as well.

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    Tara Yeaton, RHIT, CHPC
    Director of HIM Operations
    Deputy Privacy Officer
    MaineGeneral Medical Center
    Augusta, Me
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    2020 SCCE Membership


  • 5.  RE: Information Blocking Rule

    Posted 09-30-2020 09:10 AM
    Hi, Savannah. I'm wondering if you were able to locate guidance on this method, i.e., a P&P delineating how a patient may request their records.  I recall having seen guidance that indicates you should not require a patient to request their records in writing as it could result in an interference with, or delay to, their right to records.  If you saw something that permits that method as long as you have a P&P, would you please share?  Thanks!

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    Sophie Morgan
    Legal/Compliance Officer
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    2020 SCCE Membership


  • 6.  RE: Information Blocking Rule

    Posted 09-30-2020 03:33 PM
    https://www.healthit.gov/curesrule/what-it-means-for-me/clinicians

    You are correct. I decided to begin reading the very long federal register for the Cures Act and based on my reading (not finished yet) it seems the HIT module will have an authorization piece to it already where a patient or third party can be authenticated and authorized to obtain access. The module will also have the ability for the patient to revoke access at any time. I am going to continue reading through the actual regulation but am also meeting with our EMR vendor next week and hoping to find out more information on exactly what they are implementing on thier end so I can have a better idea of the process and potential policy that needs to be written as well as education for our staff.

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    Savannah Knuettel
    Compliance Officer
    Galen Medical Group
    Hixson,TN

    The views expressed herein are my own and do not represent those of my employer or clients. They are not meant to constitute legal advice or create an attorney-client relationship.
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    2020 SCCE Membership


  • 7.  RE: Information Blocking Rule

    Posted 09-29-2020 03:39 PM
    ​My understanding is that you would make sure you document in policy and procedures your release of records process with Info Blocking safe harbor exceptions to this law, e.g. specially protected tests, Part II program.  There is more to this, but I will not be writing a specific Info Blocking policy.

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    Michelle Neel
    Senior Director of Compliance
    TriCore Reference LLaboratories
    Albuquerque, NM
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    2020 SCCE Membership


  • 8.  RE: Information Blocking Rule

    Posted 09-30-2020 05:20 AM
    I do envision creating an Information Blocking Policy because I've been asked to help write it. LOL. However, I find with projects such as this, that is often the last step.

    As Michelle points out, this isn't necessarily about a single policy. This is a multi-faceted issue. Step 1 in my opinion is figuring out which category (ies) you fall into and then making sure you have defined your designated record set, so start there. Then expand out to things such as your ROI policy and look at other things such as your patient portal and consider if you need to change how you are granting that access. Hope that helps. As a final note, I will say that if you are under the impression that you currently grant your patients access to everything through your portal, that is likely a false impression, so engage a multi-disciplinary committee and find out what is actually happening in your organization.

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    Brenda Manning J.D., C.H.C., C.H.P.C.
    Privacy Director
    Privacy Officer
    Carilion Clinic

    The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.
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    2020 SCCE Membership


  • 9.  RE: Information Blocking Rule

    Posted 09-30-2020 06:52 AM
    Thank you all. We are taking the steps to determine what type of actor we are and how we are currently sharing EHI. However, I think a policy is an important step, particularly in terms of educating staff and justifying any exception that may be used. If anyone comes across a sample policy, or would be willing to share their own, I would greatly appreciate it. ​

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    Amanda Levine
    Director of Corporate Privacy/Privacy Officer
    Virtua
    Marlton,NJ
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    2020 SCCE Membership


  • 10.  RE: Information Blocking Rule

    Posted 10-07-2020 08:27 AM
    I just saw HCCA posted a webinar on the 15th on the cures act. I am planning to attend and may help with some of the questions everyone has. Just thought I would share!

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    Savannah Knuettel
    Compliance Officer
    Galen Medical Group
    Hixson,TN

    The views expressed herein are my own and do not represent those of my employer or clients. They are not meant to constitute legal advice or create an attorney-client relationship.
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    2020 SCCE Membership