U.S. Rep. Cathy McMorris Rodgers (R-WA) introduced legislation on Dec. 11 that would give medical record clearinghouses permission to work directly with patients.
Specifically, the Ensuring Patient Access to Healthcare Records Act, H.R. 4613, would enable patients and their healthcare providers to request their comprehensive health records directly from such clearinghouses to make the best possible decisions on care and treatment.
“Even in the age of technology, it can be difficult for patients to obtain their comprehensive health records,” said McMorris Rodgers, who sponsored the bipartisan bill that has seven cosponsors.
“Whether it’s because of a move to a new state, switching providers, an unexpected visit to the emergency room, or a new doctor, patients must track down their own records from numerous different sources based on what they can or cannot remember. It shouldn’t be this burdensome,” she said.
H.R. 4613 would allow medical records clearinghouses to use healthcare claims, eligibility and payment data for reports and studies that would help Medicare and similar programs, healthcare facilities and providers develop better care models. The process also would improve cost-saving and payment models, McMorris Rodgers said.
Currently, trend-analysis reports that take advantage of linked longitudinal clearinghouse data across providers aren’t possible due to restrictions under HIPAA, the Health Insurance Portability and Accountability Act of 1996.
HIPAA, which safeguards the confidentiality of Electronic Protected Health Information (EPHI) of patients, sets a national standard for health information privacy and provides specific privacy for medical records maintained by healthcare providers, health plans and health clearinghouses, according to AARP. Under the federal law, clearinghouses, among others, that transmit EPHI as part of their business must securely control access to EPHI or face significant financial penalties.
Therefore, linking a patient’s records — which would include diagnosis, provider and treatment information for each instance of a patient’s care — could provide secure and near real-time disease and epidemic tracking, insight on patient outcomes and care patterns across providers, and help identify effective treatments, therapies and medications, according to McMorris Rodgers.
H.R. 4613 is awaiting consideration by both the House Energy and Commerce Committee and the House Ways and Means Committee.