Ensuring Patient Access to Healthcare Records Act of 2016
Latest action (17 Mar 2016): Introduced
What this bill does
H.R. 4805, the Ensuring Patient Access to Healthcare Records Act of 2016, would amend federal health information technology law to change how health care clearinghouses are treated under HIPAA's Privacy Rule. Clearinghouses process claims and payment data between health care providers and health plans. Currently they are classified both as "covered entities" and as "business associates," a dual status that limits their ability to use claims data. The bill would eliminate the business-associate classification for clearinghouses' specified activities and treat them solely as covered entities, giving them the same rights as other covered entities to use and disclose health information, subject to existing HIPAA penalties.
The bill would also authorize clearinghouses to perform certain additional functions, such as providing individuals with comprehensive records of their own health information, supporting research and public health reporting, and preparing aggregated reports and analyses on health care costs, quality, and outcomes—generally requiring the data to be de-identified or covered by a data-use agreement. It affects patients seeking their health records, health care providers and plans, and clearinghouses themselves, and would require HHS to issue implementing regulations within 90 days of enactment.
The bill was introduced on March 17, 2016, by Rep. Cathy McMorris Rodgers and referred to the House Committees on Energy and Commerce and Ways and Means. It did not receive a vote and did not advance during the 114th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Ensuring Patient Access to Healthcare Records Act of 2016
This bill amends the Health Information Technology for Economic and Clinical Health Act to allow a health care clearinghouse to use and disclose protected health information under the Health Insurance Portability and Accountability Act (HIPAA). The uses and disclosures include for: (1) research purposes, (2) public health purposes, and (3) releasing protected health information to individuals that request their information.
Additionally, a clearinghouse may use and disclose protected health information to prepare and distribute reports that are designed to improve healthcare, subject to certain privacy protections.
Common questions
- What does H.R. 4805 do?
- H.R. 4805, the Ensuring Patient Access to Healthcare Records Act of 2016, would amend federal health information technology law to change how health care clearinghouses are treated under HIPAA's Privacy Rule. Clearinghouses process claims and payment data between health care providers and health plans. Currently they are classified both as "covered entities" and as "business associates," a dual status that limits their ability to use claims data. The bill would eliminate the business-associate classification for clearinghouses' specified activities and treat them solely as covered entities, giving them the same rights as other covered entities to use and disclose health information, subject to existing HIPAA penalties. The bill would also authorize clearinghouses to perform certain additional functions, such as providing individuals with comprehensive records of their own health information, supporting research and public health reporting, and preparing aggregated reports and analyses on health care costs, quality, and outcomes—generally requiring the data to be de-identified or covered by a data-use agreement. It affects patients seeking their health records, health care providers and plans, and clearinghouses themselves, and would require HHS to issue implementing regulations within 90 days of enactment. The bill was introduced on March 17, 2016, by Rep. Cathy McMorris Rodgers and referred to the House Committees on Energy and Commerce and Ways and Means. It did not receive a vote and did not advance during the 114th Congress.
- Has H.R. 4805 become law?
- Not yet. As of 17 Mar 2016, H.R. 4805 is introduced.
- Who sponsored H.R. 4805?
- H.R. 4805 was sponsored by Rep. Cathy Anne McMorris Rodgers [R-WA5, 2005-2024] (Republican-WA), with 1 cosponsor.
- What's the latest action on H.R. 4805?
- Introduced (17 Mar 2016).
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