Medical practices have had a few years to comply with the HIPAA privacy and security rules, which means you’ve gotten a handle on issues like giving patients access to medical records in a timely manner and keeping their private information secure. But one area that you may not have mastered yet involves the Information Blocking rule.
The rule significantly expands what information must be made accessible to others, and mandates how, when and to whom you are required to supply access to medical records. These Information Blocking rules are part of the 21st Century Cures Act. Failing to comply by the Oct. 6 deadline could set you up to face stressful audits and financial penalties of up to $1 million.
In essence, the term “Information Blocking” refers to any behavior that it’s likely to interfere with, prevent or discourage access, exchange, or use of electronic health information. In short, you must be able to share electronic health information with any entity that needs it and is authorized to get it, without blockers.
To make sure you’re providing access to medical records in line with the Information Blocking rule, take these five preparation steps.
1. Identify Your Compliance Officer
Not every practice has an official compliance officer on staff, but your practice should at least have someone who owns the responsibility of compliance when it comes to Information Blocking and providing access to medical records. Make sure you identify this person and tell everyone on the team who it is in case anyone has questions.
2. Pinpoint How Information Blocking Will Impact Your Practice
You’ll need to designate specific roles at your practice for each step in the information access chain to ensure you aren’t subject to Information Blocking penalties. For instance, someone in your practice will have to gather requests for information. Will you accept those requests orally, through the portal, in writing, etc.? You’ll need to identify the different access points a staffer will have to monitor, determine who will validate those requests, and pinpoint who will fill them.
3. Eliminate Barriers to Information
To confirm you aren’t accidentally performing any activities that could be considered Information Blocking, it’s important to look for any barriers to information at your practice and eliminate them. For instance, do you require patients to physically come into the office to obtain medical record copies? Are you insisting that all medical records be mailed via US Mail? These are all barriers to access that could set you up for violations.
4. Update Your HIPAA Policies
Once you know how you’ll fulfill requests for information, you’ll need to update all of your policies, educate staff members, train employees, and monitor requests for access to medical records to ensure that you’re compliant. Get your policies in writing and let everyone on staff know where to find them.
5. Audit Your Practice
Once you get your programs and processes in place, you should perform self-audits to ensure that you’re providing adequate access to medical records. HIPAA requires that you fulfill requests within 30 calendar days. Are your requests taking longer than that? Are any falling through the cracks and not being fulfilled at all? Are staff members not properly trained? These are all issues you’ll be able to identify by performing a self-audit, so make sure you maintain a robust internal audit schedule and immediately correct any Information Blocking issues to ensure you stay on the right side of the law.
Want to know more about how you can ensure compliance with the Information Blocking rule? Check out Healthcare Training Leader’s online training session, Comply With New Information Blocking Rule Mandate by Oct. 6 Deadline. This 60-minute expert-led training walks you through every detail you must know to stay compliant with the new rule. Sign up for this valuable training today.
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