Opinion: HIPAA Requirement Would Mean More Suits
HEALTHCARE PRIVACY—U.S.January 13, 2012
A proposed amendment to the Health Information Portability and Accountability Act (HIPAA) would require that, upon request, healthcare providers share with patients the documentation of who has electronically accessed their records. HealthLeaders Media reports that one lawyer believes this change would bring an increase in privacy litigation. "If I'm a covered entity, I think this rule really does scare me from a litigation perspective and a compliance perspective," says Nathan Kottkamp, a partner at McGuireWoods. "It makes it that much easier to find a smoking gun demonstrating that your staff is not in compliance with HIPAA." While covered entities are currently required to keep track of access to personal health records, there is no requirement to share that information with patients.