HITECH Act Accounting Requirements

[Guest KHanvey]

Under section 13405©(1) of the HITECH Act an individual is entitled to receive an accounting of electronic health records with respect to PHI.

There is an exception in section 13405©(1)(A) from the general accounting rules that states that the exception in "paragraph (a)(1)(i)" of 45 CFR 164.528 (covering disclosures to carry out treatment, payment or health care operations) does not apply to disclosures through an electronic health record. Section 13405©(1)(B) of the HITECH Act goes on to state that an individual "shall have a right to receive an accounting of disclosures described in such paragraph of such information ... during only the three years prior to the date on which the accounting is requested"

Does the three year limitation apply to disclosures to carry out treatment, payment or health care operations? Or does this apply to all electronic health records? The indentation and numbering of the statute seems to suggest the latter; however, the language (and use of the word "paragraph") seems to suggest the former.

Thank you!