Understanding the Health Information Technology for Economic and Clinical Health (HITECH) Act is essential for healthcare providers and the people they care for. This legislation expands a patient’s rights to access their medical records and limits the costs to do so.
Learn more from the team at National Record Retrieval about the HITECH Act and how its role in record requests modernizes the handling of medical data, while understanding the current limitations regarding pricing and third-party access.
The HITECH Act is part of the American Recovery and Reinvestment Act that former President Obama signed into law in 2009. The Act states that all healthcare providers must now give patients access to their protected health information when requested. It also allows for these records to be transmitted in efficient and modern electronic formats, including scanned and emailed documents.
The HITECH Act also limits the cost of obtaining electronic versions of protected health information. Providers are permitted to charge a flat fee of $6.50 (or less) for providing copies of these records, including postage. They also have the option to use a reasonable, cost-based method for calculating this fee, which factors in the labor involved in collecting and distributing records.
PLEASE NOTE: Only patients or consumers are entitled to this pricing. Third parties, including record retrieval companies like National Record Retrieval and attorneys, are explicitly exempt from this pricing and cannot obtain or claim HITECH pricing.
This law also incentivizes medical providers to use electronic health records, while strengthening the enforcement of the regulations outlined in the Health Insurance Portability and Accountability Act (HIPAA), by ensuring that all business associates, including record retrieval providers, attorneys, insurance adjusters, IT companies, and any other third party handling this data, follow strict privacy standards and security protocols.
The HITECH Act significantly increases penalties for anyone who violates HIPAA guidelines. It requires covered entities and business associates to notify patients and the Department of Health and Human Services if electronic protected health information becomes compromised.
This legislation enables the government to take action against businesses that violate security protocols. It also establishes a progressive penalty system for violations based on the severity of the breach and whether willful neglect was a factor.
Understanding the HITECH Act and its role in record requests can be confusing. Let our knowledgeable team at National Record Retrieval explain this legislation.
Our retrieval services provide personal injury law firms with medical records in a secure manner that meets HIPAA guidelines, so you never need to worry about compliance. But please understand that we do not, and cannot, obtain records at HITECH Act pricing.
We work quickly because we understand time is critical in your proceedings. Contact our team today.
