Among pressing issues facing healthcare providers and health IT vendors is how artificial intelligence-enabled tools such as AI assistants might further facilitate patients’ access to records. But at the same time, providers need to securely transmit those records among multiple healthcare organizations, said attorney Alisa Chestler of the law firm Baker Donelson.
The Department of Health and Human Services is ramping up its emphasis on helping patients access their electronic health information and to ensure interoperability between digital health platforms and apps.
In July, the Trump administration launched a “Make Health Technology Great Again” initiative pushing for easier and more insightful patient access to their records (see: HHS Data Plan Aims to ‘Make Health Technology Great Again’).
HHS’ plan includes promoting the development and use of third-party patient apps – including “conversational AI assistants” – to help patients glean more personalized insights from relevant health information to make better decisions about their health.
Adding AI into the mix opens up important considerations, Chestler said. “I think the Trump administration intends to continue to open that up as best they can,” she said.
“I think it is incumbent on every provider who is dealing with this, though, to be very clear and very thoughtful about what they’re doing and how they’re doing it” to avoid potential data breaches, Chestler said.
In the interview with Information Security Media Group (see audio link below photo), Chestler also discussed:
- Significant takeaways from HHS’ Office for Civil Rights’ recently updated HIPAA Privacy Rule guidance pertaining to disclosures to value-added care organizations and also patients’ right access to their designated record sets;
- Potential data breach considerations for healthcare entities when they exchange patients’ electronic health information with another provider;
- HHS’ move in August to empower its Office for Civil Rights with the administration and enforcement of 42 CFR Part 2, which pertains to the confidentiality of substance disorder records.
Chestler serves as the chair of the data protection, privacy and cybersecurity team at Baker Donelson. She concentrates her practice in privacy, security, artificial intelligence and information management issues, including compliance, contract negotiation and corporate transactions matters. Prior to joining Baker Donelson, Chestler served as in-house counsel and privacy officer for several large public and private companies, including several managed care organizations and healthcare companies, including CareFirst BlueCross Blue Shield.