This post was written by Jacqueline B. Penrod.
On April 26, 2010, HHS published a Request for Information (RFI) relating to the accounting of disclosures under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as expanded by the provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act. The new provisions expanded individual rights to receive an accounting of disclosures of their protected health information to include disclosures to carry out treatment, payment, and health care operations if the disclosure is through an electronic health record. The purpose of the RFI is to better understand (i) the interests of persons with respect to learning of disclosures; (ii) the administrative burden on covered entities and business associates of performing the accounting; and (iii) any other information that may inform rulemaking in this area. It sets forth nine specific questions for respondents to consider. Comments must be submitted by May 18, 2010.