Proposed Rule Enables Patients to View Individuals Accessing their Electronic Records - June 7, 2011

The U.S. Department of Health and Human Services on May 31 issued a proposed rule that would give patients the right to request and receive an annual access report detailing who had looked at their electronic medical records in the previous three years. Under the Health Insurance Portability and Accountability Act (HIPAA), providers currently must track access to health information, but there is no requirement to provide a report of such access to consumers. Under the proposed rule, business associates and covered entities, which include health care providers who conduct electronic health care transactions, health plans and health care clearinghouses, would have to begin supplying “access reports” upon request by Jan. 1, 2013. Comments on the proposed rule are due by Aug. 1, 2011.