How to define the designated record set is a complex but necessary question for all provider organizations to ask themselves. In a recent issue of For the Record magazine, HealthMark’s COO, general counsel and regulatory compliance expert Joe Licata weighed in on key considerations around the designated record set. Check out some highlights from the article below, and be sure to read the full article for more information.
“As a violation of this rule, I often see a ‘Did we create this record?’ test slip into practice here that has no basis in the regulations,” Licata says. “A completely reverse way to think about it is, if there’s a decision-making function for which the data or information are being collected, then you should almost take a gentle presupposition that it probably is in the DRS unless you’ve got a very good reason why it should be excluded.”
The impact of getting the DRS definition right goes beyond regulatory compliance, Licata says. It also impacts patient satisfaction. “In the simplest way, it’s just about exceptions,” he says. “When patients request access to ‘everything,’ they probably anticipate they’re getting ‘everything,’ so confusing applications of exceptions or legalese can be really frustrating.