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The relationship between the Cures Rule and HIPAA compliance

Written by Liyanda Tembani | December 04, 2023

The Cures Rule, part of the 21st Century Cures Act, emphasizes electronic health information (EHI) exchange and patient access to their data. It aligns with HIPAA by reinforcing data protection and promoting interoperability. Healthcare organizations must grasp this connection to ensure compliance. A recent report has shown that more patients are accessing health data online. Complying with both regulations protects patient data, enhances information sharing among providers, and empowers patients with greater control over their health records.

 

Understanding the interplay between the Cures Rule and HIPAA compliance in healthcare

While the Cures Rule targets the electronic exchange of health information (EHI), HIPAA sets national standards for safeguarding protected health information (PHI), encompassing a broader range of individually identifiable health data. HIPAA primarily addresses the protection of PHI, and the Cures Rule focuses on promoting interoperability and facilitating the exchange of electronic health information among healthcare entities.

Related: What are health information exchanges?

 

Strengthening HIPAA compliance

The Cures Rule reinforces certain aspects of HIPAA compliance. For instance, the requirement for immediate electronic access to EHI aligns with HIPAA's principles of patient autonomy, enhancing individuals' control over their health data. It empowers patients by allowing them to access, manage, and share their health information, promoting active involvement in their care processes.

 

Impact on patient access and control

Immediate electronic access to EHI under the Cures Rule signifies a shift in healthcare practices, placing patients at the center of their health management. This provision aligns with HIPAA, fosters patient engagement, and ensures individuals have the tools to actively participate in health decision-making. Patients can better understand their conditions, track their treatments, and collaborate effectively with healthcare providers when they access their health records.

 

Promoting interoperability and data exchange

The Cures Rule emphasizes the importance of interoperability in healthcare. Healthcare organizations should adopt certified health IT systems that can easily exchange EHI. This aligns with HIPAA's goals of maintaining data security and promoting effective communication among healthcare providers. Interoperability can help healthcare entities to share information more efficiently, leading to better care coordination and improved patient outcomes.

 

Compliance challenges and best practices

Navigating compliance requirements posed by the Cures Rule and HIPAA presents challenges for healthcare organizations. Establishing comprehensive policies, conducting staff training on regulatory updates, and integrating compatible technologies are crucial strategies for ensuring alignment with these regulations. Maintaining an ongoing commitment to compliance through regular audits and reviews helps address potential gaps and ensures continual adherence to regulatory standards.