Helpful definitions and consents in Primary Record 

Here are some healthcare-related definitions, consents, and terms that you may find useful in using Primary Record.

Healthcare-related definitions and organizations:

• Federal Trade Commission (FTC): Privacy and security are important considerations for any app—especially those that collect and share health information. With HIPAA not applying to consumer applications, there are still federally required protections for consumers. The FTC created a Mobile Health App Interactive Tool to clarify what laws apply to consumer apps that handle electronic medical information.
• Fast Healthcare Interoperability Resources (FHIR) and Health Level 7 (HL7®): FHIR is an HL7® standard used for electronically exchanging healthcare information. The healthcare community is adopting it to improve the sharing of medical data electronically. FHIR allows the standardization of patient data (like medications and conditions) from Electronic Health Records (EHRs), ensuring consistent sharing of information with you and between clinicians and organizations, regardless of how local EHRs store or display this data. HL7® is an international organization that develops standards for electronic health information exchange. It functions like a regulatory body, creating rules for organizing and transmitting health data and facilitating easy and understandable sharing between you, doctors, hospitals, and other healthcare providers, regardless of the computer systems in use. CEO & co-founder Jean Ross has appreciated learning about hardworking individuals tackling Patient Empowerment HL7®.
• Health Insurance Portability and Accountability Act (HIPAA): HIPAA is a federal law requiring national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. It gives individuals rights over their health information, including the right to get a copy of their information, make sure it is correct, and know who has seen it. This regulation applies to healthcare providers and insurance companies. These businesses are referred to as covered entities. The policy only applies to those businesses, not consumer applications like Primary Record.
• Healthcare provider: Healthcare providers are licensed to provide healthcare diagnosis and treatment services, which includes medication, surgery, and medical devices. They often receive payments for their services from health insurance providers. The Office of the National Coordinator for Health Information Technology provides a detailed list of who is considered a healthcare provider.
• HIPAA-covered entity: Covered entities are defined in the HIPAA rules as (1) health plans, (2) health care clearinghouses, and (3) healthcare providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards—generally, these transactions concern billing and payment for services or insurance coverage. For example, hospitals, academic medical centers, physicians, and other healthcare providers who electronically transmit claims transaction information directly or through an intermediary to a health plan are covered entities. Covered entities can be institutions, organizations, or persons.
• Individual Access Service: An Individual Access Service described by the Trusted Exchange Framework and Common Agreement (TEFCA) and the Office of the National Coordinator for Health Information Technology (ONC) refers to a service that allows patients to access their electronic health information (EHI) directly. This service is part of the broader effort to promote interoperability and secure data exchange in healthcare. By ensuring patients and their caregivers have access to their health information, TEFCA and the ONC aim to enhance patient engagement in their healthcare, improve the quality of care, and support better health outcomes.
• Information blocking: Outlined by the 21st Century Cures Act, information blocking refers to practices that unreasonably prevent or discourage electronic health information access, exchange, or use. This Act prohibits such actions to ensure that patients, healthcare providers, and others have timely access to health data, enhancing care coordination and decision-making. It’s about making sure health information is shared freely and responsibly to improve patient care and outcomes. It carries a $1M penalty when a claim is investigated by the Office of the Inspector General (OIG) and information blocking has been determined.
• Interoperability: Doctors, hospitals, and pharmacies have different ways of keeping information about your health. Interoperability is the word used in healthcare to make sure everyone can share this information easily with you and other healthcare providers.
• Proxy access: When a family member or legal guardian is granted access to someone else’s patient portal to view medical information or communicate with the healthcare team, the proxy is given a separate account rather than logging in with the patient’s login. Proxy access differs from one’s healthcare legal proxy as it only refers to granting access to view medical and billing information.
• The 21st Century Cures Act: This Act supports integrating health information technology, allowing patients to securely store, manage, and share their health data using various consumer apps. This approach aims to empower patients by giving them direct control over their health information, facilitating more informed decision-making in collaboration with healthcare providers. It emphasizes the importance of access for patients and their caregivers to promote greater transparency in healthcare.
• The Office of the National Coordinator for Health Information Technology (ONC): A division of the Office of the Secretary for the U.S. Department of Health and Human Services (HHS) responsible for: developing the federal government’s health information technology strategy, coordinating federal health IT policies and standards, promoting nationwide, standards-based health information exchange, developing a framework for widespread adoption of health care information technology.
• Trusted Exchange Framework and Common Agreement (TEFCA): An initiative led by ONC. Its primary objective is establishing a universal framework for health information networks to connect and share electronic health information (EHI) nationwide across healthcare settings.

Necessary legal consents for recording doctor’s visits

• One-Party Consent States: In these states, only one person involved in the conversation needs to consent to the recording. This means that a patient can legally record a doctor’s visit without the doctor’s consent. The states following this rule include: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, Washington D.C.
• All-Party Consent States: In these states, all parties involved in the conversation must consent to the recording. This means that a patient must obtain the doctor’s consent before recording the visit. The states with all-party consent laws are: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Washington.

Legal and ethical considerations for recording during healthcare visits:

Even in one-party consent states, healthcare providers may have policies that restrict recordings. Recording without consent in all-party states can lead to felony charges and legal consequences. Additionally, distributing recordings made without consent can further complicate legal repercussions, particularly if they harm the doctor’s reputation.

Patients often record visits to help recall medical advice and share information with family members. While beneficial, this practice raises concerns among healthcare providers about privacy and potential misuse.For more information, you can refer to resources from the Journal of the American Medical Association (JAMA) and Verywell Health.