The Right to an Accounting of Disclosures

In the world of healthcare, the protection of sensitive patient information is of utmost importance. One way this is ensured is through the accounting of disclosures. An accounting of disclosures refers to the process of documenting and tracking the release of protected health information (PHI) by covered entities.

Are covered entities required to document incidental disclosures in an accounting of disclosures?

One common question surrounding accounting of disclosures is whether covered entities are required to document incidental disclosures. Incidental disclosures refer to the unintentional release of PHI that occurs as a result of a use or disclosure that was permitted under the HIPAA Privacy Rule.

The answer to this question is no. Covered entities are not required to document incidental disclosures in an accounting of disclosures. Incidental disclosures are considered to be a byproduct of the allowed use or disclosure and are not subject to the same documentation requirements.

Does HIPAA require business associates to provide individuals with access to their information?

Another important aspect of accounting of disclosures is the role of business associates. Business associates are individuals or organizations that perform certain functions or activities on behalf of a covered entity that involve the use or disclosure of PHI.

Under HIPAA, business associates are required to provide individuals with access to their information. This means that if a business associate discloses PHI to an individual, they must also provide that individual with the ability to access and obtain a copy of their own information.

Does the HIPAA Privacy Rule require that covered entities document all oral communications?

The HIPAA Privacy Rule sets forth requirements for covered entities regarding the documentation of oral communications. Covered entities are not required to document all oral communications in an accounting of disclosures.

However, covered entities must still have policies and procedures in place to protect the privacy of PHI during oral communications. This includes taking reasonable measures to ensure that only authorized individuals have access to PHI during oral communications.

Does a covered entity have to document each medical record that may be accessed by a public health authority?

When it comes to the disclosure of medical records to public health authorities, covered entities do not have to document each individual record that may be accessed.

Instead, covered entities may use a standard form or process to account for the disclosure of multiple records to public health authorities. This allows for more efficient and streamlined documentation while still ensuring compliance with HIPAA regulations.

How can a covered entity account for the date of access if it is not known for certain?

In some cases, a covered entity may need to account for the date of access to PHI, even if the exact date is not known for certain. In these situations, the covered entity should make a reasonable effort to determine the date of access.

This can be done by reviewing any available logs or other documentation that may indicate when the access occurred. If the exact date cannot be determined, the covered entity should provide an estimated date or a range of dates in the accounting of disclosures.

Must a covered entity provide an accounting for disclosures if the only information disclosed is a limited data set?

Under HIPAA regulations, a covered entity is not required to provide an accounting for disclosures if the only information disclosed is a limited data set. A limited data set refers to PHI that has certain direct identifiers removed, such as names and social security numbers.

However, it is still important for covered entities to keep track of any disclosures of limited data sets and maintain documentation to demonstrate compliance with HIPAA regulations.

May a covered entity hire a business associate to create a limited data set?

Yes, a covered entity may hire a business associate to create a limited data set on their behalf. However, it is important for the covered entity to have a written agreement in place with the business associate that outlines the responsibilities and requirements for handling and protecting the limited data set.

When must a covered entity account for disclosures of PHI made during the course of litigation?

A covered entity must account for disclosures of PHI made during the course of litigation when requested by the individual. This means that if an individual requests an accounting of disclosures related to their PHI that was made during the course of litigation, the covered entity must provide the requested information.

HHS Headquarters

For more information on accounting of disclosures and other aspects of HIPAA compliance, individuals can visit the HHS Headquarters website. The HHS Headquarters serves as a valuable resource for understanding and implementing HIPAA regulations.