1. Doctors Routinely Share Health Data Electronically Under HIPAA, and Sharing With Patients and Patients’ Third-Party Health Apps is Consistent: Interoperability and Privacy Analysis
- Author
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Lucia Clara Savage and Mark Savage
- Subjects
HITECH ,mobile phone, smartphone ,EHR ,Health Information Technology for Economic and Clinical Health Act ,apps ,business associate ,Interoperability ,Internet privacy ,digital health ,interoperability ,Health Informatics ,privacy ,patient access ,PHI ,lcsh:Computer applications to medicine. Medical informatics ,03 medical and health sciences ,Viewpoint ,0302 clinical medicine ,Physicians ,Health care ,Electronic Health Records ,Humans ,030212 general & internal medicine ,protected health information ,Reimbursement ,Protected health information ,Health Insurance Portability and Accountability Act ,HIPAA ,patient engagement ,030504 nursing ,Information Dissemination ,covered entity ,Family caregivers ,business.industry ,lcsh:Public aspects of medicine ,lcsh:RA1-1270 ,Digital health ,United States ,digital health applications ,lcsh:R858-859.7 ,Electronic data ,Business ,0305 other medical science ,Confidentiality ,Software - Abstract
Since 2000, federal regulations have affirmed that patients have a right to a complete copy of their health records from their physicians and hospitals. Today, providers across the nation use electronic health records and electronic information exchange for health care, and patients are choosing digital health apps to help them manage their own health and health information. Some doctors and health systems have voiced concern about whether they may transmit a patient’s data upon the patient’s request to the patient or the patient’s health app. This hesitation impedes shared information and care coordination with patients. It impairs patients’ ability to use the state-of-the-art digital health tools they choose to track and manage their health. It undermines the ability of patients’ family caregivers to monitor health and to work remotely to provide care by using the nearly unique capabilities of health apps on people’s smartphones. This paper explains that sharing data electronically with patients and patients’ third-party apps is legally consistent under the Health Insurance Portability and Accountability Act (HIPAA) with routine electronic data sharing with other doctors for treatment or with insurers for reimbursement. The paper explains and illustrates basic principles and scenarios around sharing with patients, including patients’ third-party apps. Doctors routinely and legally share health data electronically under HIPAA whether or not their organizations retain HIPAA responsibility. Sharing with patients and patients’ third-party apps is no different and should be just as routine.
- Published
- 2020