On May 31, 2011, the Department of Health and Human Services’ (HHS) Office for Civil Rights proposed a new rule recommending that patients have the right to ask for a report on who has accessed their medical records. The recommendation has been out for public comment since that time.

A number of healthcare organizations including the Medical Group Management Association (MGMA), the College of Healthcare Information Management Executives and the American Health Information Management Association are asking the Department of Health and Human Services’ Office for Civil Rights to reconsider the access report requirement.

The reasons given give are:

  1. Few patients request such information and it would cost too much to add that feature to every system. 55% of 1,400 physicians surveyed stated that they had not received such a request in the past year.
  2. MGMA contends the access report proposal could do more harm than good. There is concern that the proposed rule could serve as a “disincentive” for adoption of Electronic Health Records.
  3. There was also concern about compromising the privacy of the health care professionals,  particularly Mental Health care providers who sometimes use pseudonyms “to avoid patients stalking or contacting them outside the workplace.”

The recommended solution is for the patient to provide a list of specific names to determine whether those individuals have or have not accessed the patient’s information.

The HHS is accepting comments on the proposed rule till August 1st.  Apparently, they will have a number of positions to reconsider before they find the right balance of cost effectiveness and protecting the privacy rights of both patients and clinicians.