There is a new requirement in the Health Insurance Portability and Accountability Act omnibus rule that is considered by some experts to be one of the trickiest HIPAA provisions to date.
This rule was issued January 25, 2013 and requires providers to restrict disclosure of treatment information to the insurance payor at the patient’s request when the treatment was fully paid out-of-pocket by the patient. Specifically, this rule requires that the individual patient medical record be “flagged” to ensure that the specific treatment information is not inadvertently disclosed by the provider who performed the service or any other provider that has access to the medical information.
This may be especially difficult for those facilities and practices that utilized an electronic health record, since most do not currently have the capability of segregating data and prohibit sharing of certain portions of the medical record.
The text of this Final Rule is located here.