Provider Confusion And Interoperability Concerns Prompt OCR And ONC To Release Guidance On PHI Sharing

Last Friday, the U.S. Department of Health and Human Services Office of the National Coordinator for Health IT ("ONC") and the Office for Civil Rights ("OCR") released two fact sheets regarding permitted uses and disclosures of protected health information ("PHI") among health care providers and other entities covered by HIPAA. ONC and OCR developed these fact sheets after health care providers expressed confusion over if and when PHI can be shared without the patient's prior written consent under the HIPAA Privacy Rule (the "Privacy Rule"). Additionally, as ONC has been actively pushing health care providers toward interoperability of electronic health recordkeeping systems, many view the lack of clarity and understanding around the Rules a hindrance to achieving this goal.