Patient Right to Access and Information Blocking: What You Need to Know

Understanding the Importance of Patient Access

The right to access health care records is a vital aspect of patient care. This remains an area of significant focus for the Office for Civil Rights (OCR). Between March and November 2024, the OCR settled five right to access cases. Another enforcement was announced on March 7, 2025.

The OCR emphasizes that providing timely record access to patients and their personal representatives is essential. Most enforcement actions arose from a single incident or patient request. This reveals that widespread patient access issues can be exposed by just one individual. Such a scenario puts a covered entity at significant financial and legal risk.

The Role of Information Blocking Rules

OCR's enforcement focus aligns with the core goals of the Health and Human Services (HHS) Information Blocking Rule. This rule aims to improve the flow of essential electronic health information among necessary parties. Recently, HHS released two final rules to enhance interoperability and address information blocking issues. These rules, effective December 2024, clarify when healthcare providers can share electronic health information.

Key Features of the New Rules

The new rules introduce privacy and security requirements. They also expand upon some information blocking exceptions to help providers comply with patient requests. Organizations must stay informed to navigate these changes effectively.

Compliance and Best Practices

Covered entities and business associates should view recent changes in information blocking rules as an opportunity. It's crucial to review patient access policies and procedures from both HIPAA and information blocking perspectives. Confirming compliance helps prevent potential issues down the line.

• Review Patient Access Policies: Regularly assess your policies to ensure they comply with both HIPAA and information blocking requirements.
• Train Staff on New Rules: Make sure your team understands the changes and knows how to implement them effectively.
• Monitor for Patient Requests: Keep track of patient requests for records and address any issues promptly to mitigate risks.
  
  

Conclusion

The focus on patient access and information blocking will only grow in importance. Organizations must adapt to these changing regulations. Ensuring patient access to records is not just a legal obligation. It's also a commitment to enhancing patient care. Remember, by being proactive, you can protect your organization from potential risks while improving the overall patient experience.

You can learn more about the importance of patient access here.