Health Information Management

Q&A: Tracking e-mails with PHI

HIM Connection, January 24, 2012

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Q: The draft accounting of disclosures rule may require tracking e-mails sent between healthcare providers, and between healthcare providers and patients, so providers can include them in an access accounting report. Does this mean covered entities need to log e-mail messages sent that include protected health information (PHI)?

At this time there is no need to specifically track PHI included in e-mail messages. As of press time, the draft rule is not yet finalized, and thus, neither are any tracking requirements that are identified in or go beyond what the HITECH Act requires. It is unknown at this point what the final rule will require.

The proposed rule requires covered entities to account for information included in the electronic designated record set (DRS). If an e-mail message is not made a part of an individual's electronic DRS, the covered entity does not need to track it or include it in an access accounting report.

Editor’s note: Chris Apgar, CISSP, CEO and president of Apgar & Associates, LLC, in Portland, OR, answered this question, which first appeared in the January issue of Briefings on HIPAA.
 



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