One requirement of the CMS Interoperability and Patient Access rule is to make available consumer education about sharing their health data with third-party apps.
One advantage of the adoption of FHIR by payers as the basis of the Patient Access APIs is that the APIs all act in a similar way. The types of data being displayed fall into 4 broad categories:
- Drug Formulary
- Provider and Pharmacy Directories
The Office of the National Coordinator for Health IT (ONC) have made a number of resources available on their web site. These public resources can be referenced to provide trusted education to health plan members.
- How to protect health information
- What consumers need to know about Electronic Health Records
- How to file a complaint if they believe their HIPAA /privacy rights are being violated
- Educational Videos
Consent and Authorization
When a consumer authorizes the sharing of their data they are essentially providing consent. For information about Consent there is are resources that cover Consent in relation to data interoperability:
Consent should not be a “check-the-box” exercise. Meaningful consent occurs when the patient makes an informed decision and the choice is properly recorded and maintained. Specifically, a meaningful consent decision has six aspects. The decision should be:
- made only after the patient has had sufficient time to review educational material,
- commensurate with circumstances for why health information is exchanged (i.e., the further the information-sharing strays from a reasonable patient expectation, the more time and education is required for the patient before he or she makes a decision),
- not used for discriminatory purposes or as condition for receiving medical treatment,
- commensurate with circumstances for why individually identifiable health information is exchanged,
- consistent with patient expectations, and
- revocable at any time.
Meaningful consent is the intersection of:
- Patient Education and Engagement
- Law and Policy
NOTE: This page is also reproduced in the Member Help Product Section.