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Does Putting Doctors’ Notes Online Violate HIPAA Privacy Rights?

Monday, October 29, 2012

By Danielle M. Murray, J.D.

According to the Orlando Sentinel, a study published in the Annals of Internal Medicine shows that patients like to read their doctors’ notes.  In the study, published in April of 2012, doctors put their notes online, and gave patients online access to the file.  While some patients had privacy concerns, ninety-nine percent (99%) of them requested to keep access to the file after the study was over.

To read the entire article from the Orlando Sentinel, click here.


Online Notes Found to Initiate Better Communication about Health.

Patients interviewed for the study felt that the notes reiterated important points that they had discussed with their doctors.  Study participants were able to be reminded of key information, and many said they felt that they were more compliant with the doctors’ recommendations.

Doctors didn't report feeling limited or overwhelmed by having to take notes in the computer system used for the study, and they continued to allow access to the notes following the study.


Options for Non-Electronic Doctors' Offices.

If a doctor does not feel comfortable using an online system, or simply does not have the time or money to convert to an electronic system, the article suggests that doctors can simply add a new procedure to their current, handwritten record-keeping system.  Doctors can have staff routinely make a copy of the patient’s notes and mail the notes, or have the notes picked up by the patient, within a set time after the visit.


Don't Forget Your Responsibilities as A Doctor.

As a health attorney advising physicians, medical groups and medical facilities, I have to look at the legal risks of such arrangements.

While putting records online or even creating an app for patients to access records is convenient, such an arrangement can inadvertently allow the records to fall into the hands of third parties.  I don't know of many doctors’ offices with in-house staff to manage their document server and online secure servers for such an undertaking.  Even so, streamlining the process generally requires special software, which was created by and likely monitored by a third-party software developer.

I would first suggest that any health professional looking to digitize or allow remote access to records have a contract ready for their technology associate to sign.  The contract should clearly state the obligations of each party, and it should incorporate all Health Insurance Portability and Accountability Act (HIPAA) privacy and security responsibilities.  I would not suggest piecing something like this together on your own; seek counsel, such as experienced health law attorneys, to do this for you.

If you are unsure about HIPAA privacy rights, click here for part one and click here for part two of a blog series on possible violations.


Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.
 
The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists, health facilities and other health providers in Department of Health (DOH) investigations, OCR HIPAA audits, breach of privacy investigations, HIPAA risk assessments, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.
 
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Comments?

As a health professional, do you make notes available to your patients? Does putting such notes online worry you? Please leave any thoughtful comments below.

Source:
 

Pittman, Genevra. “Patients Like Reading Their Doctors' Notes: Study.” Orlando Sentinel. (October 1, 2012). From: http://www.orlandosentinel.com/health/sns-rt-us-patients-like-reading-their-doctors-notes-stbre-20121001,0,925182.story


About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714


Tag Words: Health Insurance Portability and Accountability Act (HIPAA), HIPAA audits, HIPAA audit protocol, HIPAA risk assessments, HIPAA compliance, medical records, medical practice audit, records request, defense attorneys, defense lawyers, legal representation, audit attorneys, health care audits, breach of patient confidentiality
 
"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.
10/29/2012

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