Below is a list of frequently asked
questions (FAQs) related to privacy and
security for electronic health records (EHRs) and
health information exchange (HIE).
As an independent, nonprofit
organization dedicated to improving health care for all Coloradans,
CORHIO is committed to keeping patient health information private
and secure. CORHIO follows all state and federal laws for
protection of patient health information including the Health Insurance Portability and Accountability
Act (HIPAA). Additionally, CORHIO's
'governing principles' (PDF) guide all of the
organization's initiatives and operations.
Click on a question below to
reveal the answer.
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What types of information might be stored on an EHR?
Anything that can be stored on paper medical records can be
stored in an EHR, but electronic records can be more comprehensive
and flexible. EHRs and EMRs enable viewing of results not only in
chronological order but also arranged in any other manner, such as
charts and graphs, that would allow the patient's care providers to
see trends and changes that could affect that person's treatment.
EHRs and EMRs also often allow care providers to quickly
search and review lengthy patient records that may be difficult to
sift through when they are on paper, thus improving the quality and
quantity of information available to a care provider, especially in
urgent situations.
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How secure are EHRs?
Just like paper records, EHRs must comply with the federal
Health Insurance Portability and Accountability Act (HIPAA), and
other state and federal laws, so security must be built into the
system. Unlike paper records, electronic records can be encrypted -
using technology that makes them unreadable to anyone other than an
authorized user - and security access parameters are set so that
only authorized individuals can view them. Further,
electronic records offer the added security of an electronic
tracking system that provides an accounting history of when records
have been accessed and who accessed them. So, in many ways,
electronic health records are more secure than paper records.
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Why are EHRs valuable?
- Storing health records electronically allows for quick
retrieval of patient information by authorized physicians and staff
wherever and whenever necessary. That ensures information about
each patient is accessible and complete whenever a provider must
make a treatment decision.
- EHRs make it easy for physicians and providers to search, track
and analyze information that improves patient care. Unlike paper
records, they are not bulky, they don't take up costly space and
they don't require labor-intensive methods to maintain, retrieve
and file. EHRs are also stored in a standard way, so information is
where the provider expects it to be, and there is no need to
decipher handwritten notes.
- EHRs also provide easier access in times of emergency and can
be backed-up easily and cost effectively, thus avoiding loss of
critical information during and after times of disaster (such as
flood, hurricane or tornado destruction).
- Unlike paper records, electronic records are encrypted and
access is restricted so that only authorized individuals can view
them. Furthermore, any time a person accesses an electronic
record, the information is tracked and audited. When paper
records are viewed by people, it is very difficult to track who saw
the information and whether it was authorized.
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What is a health information exchange (HIE) network?
- A health information exchange (HIE) network allows health care
information to be shared between health care providers within a
community or larger region.
- It allows clinical information to quickly move electronically
between the different health care information systems that may be
used by a patient's different providers (e.g., specialists, labs)
while maintaining the privacy, security and accuracy of the
information being exchanged.
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What are the advantages of HIE?
- An HIE allows two or more health care providers involved in
providing care to a patient to quickly, securely, and accurately
share information. Because each authorized provider can readily see
a patient's complete electronic health record (EHR), the need for
duplicate medical tests is reduced, efficiency is improved, and
patients receive higher quality care.
- Authorized medical professionals can quickly and easily
retrieve a patient's treatment record, lab results, prescription
lists and other information even if those records are stored in a
distant location. Currently, physicians and their staff are
spending much of their time "chasing" paperwork and results, which
means they have less time to spend with patients.
- HIE enhances accuracy, appropriateness and efficiency in
patient care.
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What type of health information is being exchanged via the HIE
and who has access?
- Only health information important for providing care is
exchanged between authorized health care providers who have a
relationship with you (the patient) and have a need to know this
information for providing treatment.
- Only providers who have entered into a legal contract with
CORHIO and agree to abide by its strict privacy and security
policies and comply with relevant federal and state laws are
allowed access to their patients' information in the HIE.
- The law (often referred to as "HIPAA," or the Health Insurance
Portability and Accountability Act Privacy and Security Rules)
prohibits health care providers from sharing your personal health
information for any purpose other than treatment, payment, and
health care operations without special permission from you to do
so. HIEs, like CORHIO, have built-in support for HIPAA and
other security and privacy laws.
- When your health information is shared through the HIE,
information about access to your record is stored electronically in
an accounting history. This includes the identity of those
who accessed your record, the date of access, the types of
information accessed and the reason your record was accessed.
This makes it easier for health care providers to enforce laws and
their own policies restricting access to your records and helps you
track the privacy of your health information in a way that is not
possible with paper records.
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How much of my personal information can be shared with HIE?
CORHIO policies and state and federal law require we use the
minimum amount of personal information to ensure we are providing
the right information regarding the right person to the right
provider.
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If I participate as a patient in the HIE, does CORHIO track who
accesses my health information?
Yes. CORHIO maintains audit logs, tracking every occasion where
your health records are accessed - identifying the authorized
individual accessing your information, the date of access, the
reason for accessing, and the relationship between you and the
health care provider accessing your information. You have the
right to request a list of this information from your health care
provider and review the access logs.
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Can I find out who has requested access to my health information
through the HIE?
Yes.
- As with paper health records, you should receive a notice of
privacy practices upon a first visit to a provider or admission to
a hospital. As specified by HIPAA, these notices describe how
your protected health information is to be collected, used, and
transmitted for the purposes of treatment, payment, and healthcare
operations.
- HIPAA provides additional protections to psychotherapy notes
maintained by mental health providers. These notes may
not be disclosed for any purpose unless
you provide a written authorization to do so. Please see more
information on "sensitive information" below.
- CORHIO maintains audit logs, tracking every occasion where your
health records are accessed - identifying the authorized individual
accessing your information, the date of access, the reason for
accessing, and the relationship between you and the health care
provider accessing your information. You have the right to
request a list of this information from your health care provider
and review the access logs.
- Health care providers who request access to your personal
health information through CORHIO must affirm that they have a
proper treatment relationship with you before being granted
access. This is called "breaking glass," meaning the system
will not make your information available until the provider "breaks
the glass" by affirming they have legally permissible authorization
to view your information. A record is created and logged in
the system every time a provider "breaks the glass" on your health
record.
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Will I know if my health information was misused?
- Under HIPAA requirements and CORHIO policies, you have the
right to receive a list of instances where your health information
was accessed and for what purposes.
- If you believe that a person, agency or organization covered
under HIPAA violated your (or someone else's) health information
privacy rights or committed another violation of the Privacy Rule,
you may file a complaint with the federal Office for Civil Rights.
Individuals found in violation of HIPAA can be civilly and
criminally prosecuted. For more information, see: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
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What if I don't want my providers to have access to my health
information? Can I elect not to have my information shared through
CORHIO?
- If your health care provider is participating in the HIE, they
are required to notify you of their participation at your next
appointment or at the time of registration. At that time, or
anytime thereafter, you have the choice to "opt out" of having your
information shared through the HIE.
- Should you choose to do so, CORHIO is committed to honoring
your choice to opt out of the system and will ensure your
information is not searchable in the HIE.
- Although your information will not be searchable if you opt
out, your health care provider may still use CORHIO's network to
issue electronic orders for lab tests, prescriptions, and other
directed health care services, and may also receive lab results,
x-rays, and other information that is sent directly to them
electronically. This service is no different than your
provider using the mail or a fax machine to receive this
information.
Note: not all health care providers are participating in
HIE. If your providers are not participating in HIE, then
your health informtaion is not available in the HIE.
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How do I know if my provider is a participant in CORHIO's
HIE?
All participating health care providers are required to notify
all patients that they are participating in CORHIO. When you visit
a participating provider you will receive a notice about this,
which may be accompanied with the provider's HIPAA privacy
notification.
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How do I get access to my own medical records?
- HIPAA requires health care providers and health plans to allow
you access to your medical records. Notices you receive from
your providers and plans must include information about how you can
obtain copies of your medical records.
- You must request copies of your medical record from your health
care provider. CORHIO employees are not permitted to access your
health information in any way, therefore CORHIO cannot provide
copies of your records.
- If you receive care in a federal medical facility, you have a
right to obtain your records under the federal Privacy Act of 1974
(5 USC sec. 552a).
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How is CORHIO ensuring the security of my health information
when it is being transferred or exchanged?
Personal health information is protected by state-of-the-art
systems employing many security measures, including administrative,
physical, and technical safeguards, against such risks as loss or
unauthorized access, destruction, inappropriate use, modification,
or disclosure. All systems, including provider EHRs and
CORHIO's network, must comply with the security provisions of
HIPAA. For added assurance, the CORHIO system is subjected to
regular third-party security audits.
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How does CORHIO handle unauthorized requests for access to my
health information? Are there any penalties for those who misuse or
inappropriately disclose my information
- Considering the highly sensitive nature of patient data and
information, CORHIO maintains a zero-tolerance policy regarding
inappropriate use of the CORHIO HIE system. Authorized users who
violate CORHIO Policies, as identified through reporting, audit, or
other processes, will be sanctioned appropriately, may have their
access terminated by CORHIO, and will be referred for appropriate
disciplinary action within their own organizations.
- Additionally, those found in violation of HIPAA can face civil
and/or criminal penalties, including fines from $50,000 to $250,000
and/or imprisonment ranging from 1 to 10 years depending upon the
severity of the offense. They can also face civil penalties
for HIPAA violations that could range from $100 for each violation
up to $25,000 per calendar year for all violations of an identical
requirement. Maximum civil penalties for multiple violations
can range from $25,000 to $1.5 million. You may obtain more
information about HIPAA penalties on the website for the Department for Health and Human Services.
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Does CORHIO share my health information with employers?
No, CORHIO does not share health information with any employers.
Additionally, the HIPAA Privacy Rule absolutely prohibits health
care providers and plans from disclosing personal health
information to employers without a patient's explicit, written
authorization.
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Does CORHIO share my health information with insurance companies
or health plans?
No, CORHIO provides HIE services to share pertinent health
information exclusively between health care providers for treatment
purposes.
CORHIO's HIE services currently do not include claims processing
or other interactions with health plans. However, in the
future, to assist health care providers in receiving payment,
CORHIO's network may be used to transmit standard claims from
providers to health plans. This would not provide health
plans with any more information than they already receive today,
and it would not include giving insurance companies access to your
personal health records. If CORHIO were to provide the
connectivity for providers to transmit standard insurance claims
over the HIE network, only the minimum information necessary to
ensure providers are paid for the health care services they provide
to you would be included.
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Can I request changes to my health record or other information
included in the HIE?
Yes, you can request revisions and corrections to your health
records by talking with your health care provider who is the
owner/creator of the record in question. CORHIO does not alter your
health information in any way; the HIE simply provides a method to
privately and securely transport health information from one
provider to another.
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Is some of my most sensitive health information provided extra
protection?
Certain kinds of health information, including mental health
notes, substance use and genetic testing, are subject to additional
legal protections. These additional protections may include a
requirement that express written consent be obtained for each
release of protected information and other requirements relating to
the form of the consent or other information that must be provided
to the patient at the time of consent. All health care
providers participating in CORHIO are required to comply with such
laws and regulations and ensure these special protections are
provided to this important and sensitive health information.