This summit was very enlightening and educational. It
was a true pleasure representing OHIMA. There were several presentations
that caught my attention. One particular presentation was by Aneesh
Chopra, President, NavHealth. Aneesh discussed the differences between
Right to Access (HIPAA Compliant Authorization) and Right of Access. The
distinction between the two was not well known amongst the audience.
Right to Access is a right given under HIPAA that allows individuals and or
their representatives to obtain access to their protected health information
(PHI). This right includes the ability to obtain a copy of their PHI as
well as have a covered entity transmit a copy of said PHI to a designated
person or entity as specified in the HIPAA compliant authorization. The
right to access exists as long as the covered entity or its business associate
maintains the information no matter when it was created. The manner in
which the record is maintained (electronic, paper, onsite, offsite or archived) does not matter.
Right of Access is the ability to view the designated record
set. The Right of Access should be granted by utilizing a separate
form than that used for the Right to Access. The form should specifically
address the fact that the patient or their representative is being given the
right to review their PHI or medical record. The right is not to obtain
copies but simply to review them. In the audience there was on only one
person who actually had a separate authorization for Right of Access. It
was the suggestion of Aneesh that an ROI (Release of Information) Forum be
created to share this information as well as the existing authorization
form.
Watch for more information from OHIMA and AHIMA on 'Right to Access' and 'Right of Access' in the near future!
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