Safeguard records to comply with HIPAA security rule

Contract Language. By Steven M. Harris, AMNews contributor. Jan. 3/10, 2005.

CONTRACT LANGUAGE

A column examining the ins and outs of contract issues

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The increasing number of Internet health care activities and transactions has significantly changed how many physicians practice medicine. While the term e-health has not been specifically defined, legally, it is generally used to identify "Internet medicine" and the provision of health care information, products or services via the Internet.

The emergence of e-health has raised issues regarding when the physician-patient relationship begins; licensing requirements for physicians who provide medical care across state lines; the standard of care for telemedicine; and liability exposure.

There have been several court decisions on these issues, and case law continues to evolve in conjunction with e-health's growth. Congress is also considering proposed legislation related to monitoring various aspects of e-health, including Internet prescription drug sales.

Many physicians began using electronic medical records to improve their ability to share patient information, thereby improving quality of care. Physicians have voiced concerns about EMR security and access to patient information by unauthorized users. It is imperative that you comply with the Health Insurance Portability and Accountability Act regulations, including the security rule that becomes effective in April, when you transmit EMRs via the Internet.

HIPAA regulations, including the security rule, address the use and disclosure of protected health information via the Internet. A key component of the HIPAA regulations has been the development of electronic data interchange.