Accounting of Disclosures: Understanding the Responsibilities and Implications

When it comes to the privacy of protected health information (PHI), the responsibility of accounting for disclosures falls on covered entities. This blog post explores the various aspects of accounting of disclosures, including the requirements, implications, and proposed rule changes.

What is Accounting of Disclosures?

Accounting of disclosures refers to the process of documenting and tracking the release of PHI by covered entities. It provides individuals with an account of who has accessed their health information and for what purpose. By maintaining this record, covered entities ensure transparency and accountability in their data handling practices.

Current Requirements for Accounting of Disclosures

Under the HIPAA Privacy Rule, covered entities are required to document certain types of disclosures. These include:

• Incidental disclosures
• Access to PHI by public health authorities
• Disclosures made during litigation

However, it is important to note that not all disclosures need to be documented. Limited data sets, which exclude certain identifying information, may be exempt from accounting requirements.

Proposed Changes to the HIPAA Privacy Rule

The Department of Health and Human Services (HHS) is proposing modifications to the current standard for accounting of disclosures. The proposed rule aims to enhance individuals' rights and increase transparency in healthcare data practices.

The changes include:

• Expanding the scope of accounting requirements to include oral communications
• Requiring covered entities to account for the date of access, even if it is uncertain
• Ensuring that even limited data sets are accounted for

Implications of Accounting of Disclosures

Accounting of disclosures has significant implications for both individuals and covered entities. For individuals, it allows them to monitor and verify the use of their PHI, ensuring that their privacy rights are upheld. It also helps detect any unauthorized access or potential breaches.

Covered entities, on the other hand, are responsible for maintaining accurate and comprehensive accounting records. This not only helps them comply with HIPAA regulations but also builds trust with patients and strengthens their reputation.

Ensuring Compliance with Accounting of Disclosures

To ensure compliance with accounting of disclosures requirements, covered entities should:

• Implement robust record-keeping systems to document all necessary disclosures
• Regularly review and update their policies and procedures related to accounting of disclosures
• Provide training to employees on proper documentation and privacy practices
• Conduct internal audits to identify any gaps or areas for improvement

Conclusion

Accounting of disclosures is a crucial aspect of maintaining privacy and transparency in healthcare. Covered entities have the responsibility to accurately document and track the release of PHI. The proposed changes to the HIPAA Privacy Rule further emphasize the importance of accounting of disclosures and aim to strengthen individuals' rights. By understanding the requirements and implications, covered entities can ensure compliance and build trust with patients.