OCR clarifies amount that can be charged for copies of PHI

 

By Aris Medical Solutions

 

The Office for Civil Rights (OCR) announced the clarification in the Fact Sheet they released earlier this year. The maximum amount that can be charged for patients that request a copy of their Protected Health Information (PHI) under the right of access is not $6.50. Rather, charging a flat fee not to exceed $6.50 is an option available to those entities that do not want to go through the process of calculating the actual or average costs for requests for electronic copies of PHI maintained electronically. Entities may choose the fee calculation method that is most appropriate for their circumstances, of course within the boundaries of what is permissible under the Privacy Rule.

The new FAQ may be found at: New Clarification – Up to $6.50 Flat Rate Option. Additional information regarding permissible fees and other aspects of the individual right of access may be found at: http://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html
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About Suze Shaffer

Suze Shaffer is the owner and president of Aris Medical Solutions. She specializes in HIPAA compliance, risk management, and cyber security. She believes that by educating her clients in understanding why and what needs to be done to protect their practice they have a better outcome.

Suze has been instrumental in helping clients nationwide with risk management, implementing privacy and security rule policies and procedures, and ultimately protecting patient data. She includes state and federal regulatory requirements to ensure clients are protected in all areas.

She has spoken at numerous conferences and functions. She continues to educate organizations how to minimize the risks of data breaches. HIPAA compliance is not an option, it is mandatory for every organization that comes in contact with protected health information to have reasonable and appropriate security measures in place. Unfortunately, most organizations don’t realize they are not compliant until they suffer a data breach or they are faced with an audit or investigation.

Did you know that the Office for Civil Rights (OCR) is the agency that investigates data breaches? Have you seen the heavy fines that have been imposed for non-compliance?

All 50 states now have their own set of privacy laws and the State's Attorney General may also investigate privacy violations!

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