Understanding the Accounting of Disclosures Policy in Healthcare

Introduction

The accounting of disclosures policy is a crucial aspect of healthcare privacy and security. It ensures that individuals have the right to know who has accessed their protected health information (PHI) and for what purpose. In this blog post, we will delve into the details of the accounting of disclosures policy, its requirements, and its implications for covered entities and business associates.

What is the Accounting of Disclosures Policy?

The accounting of disclosures policy, as defined by HIPAA's Privacy Rule, requires covered entities to document certain disclosures of PHI. These disclosures include those made for treatment, payment, healthcare operations, and other purposes authorized by the individual. The policy aims to provide transparency and accountability in the handling of sensitive health information.

Requirements for Covered Entities

One of the key questions surrounding the accounting of disclosures policy is whether covered entities are required to document incidental disclosures. According to FAQ 204, covered entities are not required to document incidental disclosures in an accounting of disclosures. Incidental disclosures refer to those disclosures that occur as a byproduct of an otherwise permissible use or disclosure.

Furthermore, FAQ 370 clarifies that covered entities are not obligated to document all oral communications. The HIPAA Privacy Rule does not require the documentation of every oral communication related to PHI. However, covered entities should maintain policies and procedures to ensure the appropriate use and disclosure of PHI.

When it comes to disclosing medical records accessed by public health authorities, FAQ 465 states that covered entities do not have to document each individual record. Instead, they can account for the disclosure by maintaining a record of the date of access, if known. This allows for a more efficient and streamlined process of accounting for disclosures.

Business Associates and Access to Information

Business associates, as defined by HIPAA, are entities that perform certain functions or activities on behalf of covered entities. They are also subject to the requirements of the accounting of disclosures policy. FAQ 246 clarifies that business associates are required to provide individuals with access to their information when requested.

Moreover, covered entities may hire business associates to create a limited data set, as mentioned in FAQ 468. A limited data set refers to PHI that excludes certain direct identifiers. In such cases, covered entities must ensure that their business associates comply with the accounting of disclosures policy and maintain the necessary documentation.

Accounting for Disclosures during Litigation

Disclosures of PHI made during the course of litigation raise unique challenges for covered entities. FAQ 710 explains that covered entities must account for these disclosures in their accounting of disclosures policy. This ensures that individuals are aware of the use and disclosure of their PHI during legal proceedings.

Ensuring Compliance and Privacy

Compliance with the accounting of disclosures policy is crucial for covered entities to safeguard patient privacy and maintain trust. It is essential for covered entities to develop and implement comprehensive policies and procedures to ensure compliance with the policy requirements.

Regular training and education of staff members on the accounting of disclosures policy can help raise awareness and promote a culture of privacy and security. Covered entities should also conduct internal audits to assess their compliance and address any gaps or vulnerabilities.

Conclusion

The accounting of disclosures policy plays a vital role in ensuring transparency, accountability, and privacy in the healthcare industry. Covered entities and business associates must understand and comply with the requirements of the policy to protect individuals' sensitive health information. By doing so, they contribute to maintaining trust and confidence in the handling of PHI.