Articles Tagged with record errors

access to medical records

Changes to An Individuals’ Right of Access to Health Records 

In January 2018, Georgia-based Ciox Health filed suit against the Department of Health and Human Services, arguing that some sections of the HIPAA Right of Access rules around third-party requests for patient records are impermissible under the Administrative Procedure Act (APA). Fast forward two years this month when a federal judge in the District Court for the District of Columbia vacated the “third-party directive” within the individual right of access “insofar as it expands the HITECH Act’s third-party directive beyond requests for a copy of an electronic health record with respect to protected health information (“PHI”) of an individual … in an electronic format.”

Additionally, the court held that the fee limitation should only apply to an individual’s request for access to their records, and does not apply to an individual’s request to transmit health documents to a third party.

Legalized Marijuana

Patient Harm at the Hands of Impaired Clinicians

Many reports on the issue of drug and alcohol use among those in the medical profession have found that substance abuse is widespread. However, rigorous standards are in place to keep patients safe from negligently “high” doctors. But recently adding to the issue is the possible impact the legalization of sales and recreational use of marijuana in Illinois may have on a physician’s performance. Undoubtedly, some doctors and health care professionals are likely to take a personal interest in the consumption of legal pot, especially as environmental triggers and workplace stressors commonly felt by overworked medical professionals are known to drive a person toward chemical or substance dependencies.

We hope that these practitioners appreciate the boundaries related to performing the duty of care owed to their patients and that they understand some users may be incapable of fulfilling that duty and as a result – cause harm to their patients.

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