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ADVANCE Perspective: HIM

AHIOS Comments on Pending Louisiana Acts

Published June 11, 2008 1:49 PM by Lynn Jusinski
We received this statement from the Association of Health Information Outsourcing Services (AHIOS) in our inboxes this morning here at ADVANCE. I've covered AHIOS before, for an article on a different release of information (ROI) law. I've linked to the bills below, and I'd like to hear what you have to say about them from an HIM professional's viewpoint. And, as promised, here's the statement:

There are currently several Louisiana bills that aim to prevent health care providers from charging a fee for copies of billing records, prevent any fee for additional requested services--such as for certification of records to be presented as evidence in litigation--and to lower the rates received today for the release of medical information. AHIOS, an organization committed to promoting excellence in the handling and dissemination of confidential patient-identifiable information, has serious concerns about the Act's potential impact on health care providers in Louisiana, as well as the precedent it sets for other states.

The Louisiana laws (HB 217, HB 1073) attempt to minimize or eliminate fees associated with the complex, labor-intensive ROI process, thereby placing the burden of these costs on hospitals and other health organizations.

"Laws governing the release of confidential patient health information must establish fees that appropriately reimburse providers for the costs they incur in providing the information to requestors to avoid creating an unnecessary cost burden for hospitals," said Jan McDavid, general counsel and compliance officer at HealthPort Technologies. "Certification of records is a necessary step in the release of information process, ensuring that all released information is both valid and authorized."

One of the major issues with HB 217 in particular is that often billing records are not stored in the HIM department, but rather at a completely different building on campus, or at a different location entirely. Therefore, when a request is made for all records (both medical and billing records of a particular patient) it is no simple task.

"AHIOS works to educate the industry about the complexity and risk involved in the ROI process and help requestors understand that it is an entirely different process than simple copying of paper," said Joe Fournier, vice president for legal affairs and administration at ChartOne, Inc. "Electronic formats have created the perception that all a facility needs to do is click a button to send someone information, but there are several steps involved in the process and none can be neglected."

AHIOS will continue to support any legislation that makes it easier for health care organizations to produce information efficiently and cost-effectively. It also encourages state legislators who are considering similar legislation to become fully educated about the ROI process before passing new laws and offers its support in this endeavor. Interested parties are encouraged to contact Bonnie Coffey at 800-688-9644 or bonnie@cminfospec.com.

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