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On-Demand CLE

A New Path to No-Cost Electronic Medical Records

What You Will Learn

  • CIOX v Azar vacates patient’s right to designate a third party to receive low-cost records under HIPAA/HITECH
  • Cures Act reinstates patient’s right to designate third parties to receive medical records, enforceable April 5, 2021
  • Cures Act provides patients will receive their electronic records at no cost when they request access to electronic health information (EHI) through the Internet.
  • DHHS, OCR updating HIPAA regulations to provide patients better access to their own records.

Share this program:

What You Will Learn

  • CIOX v Azar vacates patient’s right to designate a third party to receive low-cost records under HIPAA/HITECH
  • Cures Act reinstates patient’s right to designate third parties to receive medical records, enforceable April 5, 2021
  • Cures Act provides patients will receive their electronic records at no cost when they request access to electronic health information (EHI) through the Internet.
  • DHHS, OCR updating HIPAA regulations to provide patients better access to their own records.

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Price

$79 for Association Member
$99 for Non-Member

75 minutes
Date Published

March 18, 2021

Publisher

Washington State Association for Justice

Subjects

Cures Act, HIPAA, HITECH, Medical Records

Questions

For immediate assistance please consult our FAQ page. If you're unable to find the answer you need, please call 737-201-2059 (M-F, 8am-6pm CT) or e-mail customer service.

Summary

The patient’s right to designate a third party to receive their medical records was stripped from them by the court decision in CIOX v Azar in January 2020.  CIOX v Azar vacated the right of patients to receive low-cost records under the HIPAA/HITECH regulations if the records were being sent to a designated third party.
 

However, on May 1, 2020 the Final Ruling of regulations based on the Cures Act re-established the patient’s right to designate third parties to receive their medical records.  Those regulations will become enforceable on April 5, 2021. 
 

DHHS, OCR is expected to publish a Final Ruling on regulations designed to update the HIPAA regulations.  Changes will include a requirement that all covered entities and their contractors must publish a schedule of prices they charge for records on the internet.  This will prevent charges for medical records that exceed the published price schedule.  Patients contesting the charges will be able to present the price schedule in a complaint to DHHS, OCR to challenge the validity of the charges based on either violation of the schedule or because the schedule violates HIPAA regulations. 

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Presenters

Roger J. Leslie

Roger J. Leslie has represented plaintiffs in medical negligence and nursing home negligence cases for the past 21 years from... Read More

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Program Titles and Supporting Materials

This program contains the following components:

A New Path to No-Cost Electronic Medical Records
A New Path to No-Cost Electronic Medical Records - Materials
Draft Records Request
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Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

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