Many states have set a higher bar for certain responsibilities or protections compared to those required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The natural variation that has occurred pursuant to state and local preference has made it difficult for organizations to determine, in the context of interstate electronic health information exchange, when appropriate disclosure requirements have been met at both the requesting and the providing organization. The Interstate Disclosure and Patient Consent Requirements Collaborative was formed to document the state law requirements for disclosure of health information for treatment purposes within and across state lines.
The following are the tools and resources developed by the Collaborative for states and health care stakeholders to use to determine what level of choice is appropriate for individuals regarding the electronic access, use, and disclosure of their health information as well as tools and resources that states can use to evaluate which, if any, of the interstate legal mechanisms they could successfully employ.
