Sec. 7. Empowering patients and improving patient access to their electronic health information
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Section 3009 of the Public Health Service Act ( 42 U.S.C. 300jj–19 ) is amended by adding at the end the following: The National Coordinator, in coordination with the Office for Civil Rights of the Department of Health and Human Services, shall use existing authorities to encourage partnerships between health information exchange organizations and networks and health care providers, health plans, and other appropriate entities to offer patients access to their electronic health information in a single, longitudinal format that is easy to understand, secure, and may update such information automatically.
The National Coordinator, in coordination with the Office for Civil Rights of the Department of Health and Human Services, shall— educate health care providers on ways in which to leverage the capabilities of health information exchanges (or other relevant platforms) to provide patients with access to their electronic health information; clarify misunderstandings by health care providers about using health information exchanges (or other relevant platforms) for patient access to electronic health information; and to the extent practicable, educate providers about health information exchanges (or other relevant platforms) that employ some or all of the capabilities described in paragraph (1).
In carrying out paragraph (1), the National Coordinator, in coordination with the Office for Civil Rights, shall issue guidance to health information exchanges related to best practices to ensure that the electronic health information provided to patients is— private and secure; accurate; verifiable; and where a patient’s authorization to exchange is required by law, easily exchanged pursuant to such authorization. Nothing in this subsection shall be construed to preempt State laws applicable to patient consent for the access of information through a Health Information Exchange (or other relevant platforms) that provide protections to patients that are greater than the protections otherwise provided for under applicable Federal law.
The National Coordinator and the Office for Civil Rights of the Department of Health and Human Services shall jointly, through the development of policies that support dynamic technology solutions, promote patient access to health information in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved. The Secretary, in consultation with the National Coordinator, shall promote policies that ensure that a patient’s electronic health information is accessible to that patient, and their designees, in a manner that facilitates communication with the patient's health care providers and such patient’s consent, including with respect to research.
To promote awareness that an individual has a right of access to inspect, obtain a copy of, and transmit to a third party a copy of protected health information pursuant to the Health Information Portability and Accountability Act Privacy Rule (45 C.F.R. 164.524 et seq.), the Director of the Office for Civil Rights, in consultation with the National Coordinator, shall assist individuals and health care providers in understanding a patient's rights to access and protect their personal health information under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ), including providing best practices for requesting personal health information in a computable format, including using patient portals or third-party applications and common cases when a provider is permitted to exchange and provide access to health information.
In carrying out certification programs under section 3001(c)(5), the National Coordinator shall require, where applicable, that such program or programs require the following: That certification criteria support patient access to their electronic health information, including in a single longitudinal format that is easy to understand, secure, and may be updated automatically. That developers of health information technology support patient access to an electronic health record in a longitudinal format that is easy to understand, secure, and may be updated automatically.
That certification criteria support patient access to their personal electronic health information for research at the option of the patient. That certification criteria support patient and health care provider communication, including— the ability for the patient to electronically communicate patient reported information (such as family history and medical history); and the ability for the patient to electronically share patient health information, at the option of the patient.
That certified health information technology used for health programs where certified health information technology is required, include the function for patient access to their own health information, including— ensuring that, as a condition of certification, health care providers have options for making such information accessible for patients; ensuring that patients have options for accessing such information; and ensuring that patients have access to information regarding their legal rights and responsibilities, as well the options available to them for accessing their electronic health information.
That the HIT Standards Committee develop and prioritize standards, implementation specifications, and certification criteria required to help support patient access to electronic health information, patient usability, and support for technologies that offer patients access to their electronic health information in a single, longitudinal format that is easy to understand, secure, and may be updated automatically. . Section 13405(e) of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17935 ) is amended— in paragraph (1), by striking and at the end; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph (1), the following: if the individual makes a request to a business associate for access to, or a copy of, protected health information about the individual, or if an individual makes a request to a business associate to grant such access to, or transmit such copy directly to, a person or entity designated by the individual, a business associate may provide the individual with such access or copy, which may be in an electronic form, or grant or transmit such access or copy to such person or entity designated by the individual; and .
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- 42 USC 300jj–19
- 45 CFR 164.524
- Pub. L. 104-191
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Sec. 7
Empowering patients and improving patient access to their electronic health information
Cite42 USC 300jj–19
Cite45 CFR 164.524
Pub. L.Pub. L. 104-191
Cites 4Cited by 0 across 0 sources