Under HIPAA a disclosure accounting is required?

HIPAA stands for the Health Insurance Portability and Accountability Act. It is a federal law enacted in the United States in 1996 with the primary goal of safeguarding individuals' protected health information (PHI) and establishing standards for the electronic exchange of health information.

HIPAA applies to covered entities and their business associates, governing the handling and protection of PHI. Compliance with HIPAA is crucial to protect patients' privacy and ensure the security of their health information.

It is important to note that HIPAA is specific to the United States and may not directly apply to other countries.

Question

Under HIPAA a disclosure accounting is required?

Answer

Under HIPAA, a "disclosure accounting" is required for all human subjects research that uses PHI without an authorization from the data subject, except for limited data sets.

Explanation

Under HIPAA, a "disclosure accounting" is a provision that gives individuals the right to receive an accounting of certain disclosures of their protected health information (PHI). However, it is important to note that the disclosure accounting requirement applies to covered entities, such as healthcare providers, health plans, and healthcare clearinghouses, rather than specifically to human subjects research.

HIPAA does provide certain exceptions that limit the disclosure accounting requirement. One such exception is for disclosures made for the purpose of research. Research disclosures may be exempt from the accounting requirement if the PHI is used or disclosed under a valid authorization from the individual, or if the PHI is used in a limited data set.

A limited data set under HIPAA is a subset of PHI that excludes certain direct identifiers (e.g., names, addresses) but may still contain some indirect identifiers (e.g., dates of birth, zip codes). When using a limited data set for research purposes, the researcher must enter into a data use agreement with the covered entity, which includes provisions to protect the data and limits the use and disclosure of the information.

It's worth noting that HIPAA regulations can be complex, and specific requirements may vary depending on the circumstances and any subsequent updates to the law. If you are involved in human subjects research or require precise legal advice, it's recommended to consult with legal professionals or experts who specialize in HIPAA regulations to ensure compliance.

Share :