Lexology July 22, 2021
Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it generally required covered entities to provide patients timely access to their medical records. Of course, state health laws also have provided similar rights to patients regarding their records, some more and some less stringent than HIPAA.
However, concerns over the level of patient access to records are driving increased emphasis, heightened enforcement activity, and new laws to ensure individuals have easy access to their health information. This includes the two-year-old Office for Civil Rights Right to Access Enforcement Initiative and the new information blocking rules under the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program.
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