Friday, January 26, 2018
Ciox Health, a Georgia-based healthcare technology company that facilitates the production of medical records, recently filed suit against the Department of Health and Human Services (HHS). The company has said that the manner in which HHS is enforcing HIPAA "imposes tremendous financial and regulatory burdens on healthcare providers and threatens to upend the medical-records industry that services them.” More specifically, in its complaint, Ciox took issue with two of the agency's prior actions.
The first is a 2013 rule wherein HHS requires providers to send information to certain individuals along with all electronically-housed medical information, regardless of whether the information is available in the electronic health records. These changes failed to consider the incredible expense associated with gathering the data, and HHS even acknowledged that it was stretching the boundaries of the applicable regulations. Second, Ciox is arguing that guidance issued by HHS in 2016 requiring providers to limit their charges only to a “reasonable cost-based fee” resulted in dramatic changes to HIPAA enforcement. Ciox said in a statement, “The long-term viability of the medical-records industry is critical to the delivery of high-quality, error-free and cost-effective healthcare services to patients by ensuring that healthcare providers have timely access to individual medical records.”
See Evan Sweeney, Ciox Health Sues HSS to Stop 'Irrational' HIPAA Enforcement, FierceHealthcare, January 10, 2018.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.