OHIP Releases Response to Privacy and Policy Comments
Earlier this year, OHIP’s Privacy and Policy Committee released for public comment Research and Recommendations for Consent Policies in Ohio. The 60-day public comment period ran from February 2, 2011 to April 2, 2011. After detailed discussions and a thorough legal review of OHIP’s consent policy by various parties from Northern Ohio including the AMCNO a comment letter was sent to OHIP. The OHIP Consent Model was based largely on an interpretation of Ohio law concerning patient consent. The letter to OHIP included an overview of Ohio case law and comments relative to public policy issues. The AMCNO and others from our region believed that the most appropriate approach to this issue is a change in Ohio law confirming that a patient’s consent is not required to allow a provider treating that patient to access the patient’s medical information (to the extent necessary to support the treatment). The AMCNO would be supportive of pursuing such a change in Ohio law through legislation. Alternatively, our letter indicated that the Consent Model and other OHIP forms, agreements and publications should indicate in relevant areas that because Ohio law is silent on the issue of what kind of patient consent information is needed for provider-to-provider transfers of information, that each OHIP participant may make its own determination as to whether such consent is necessary. However, the Participant Agreement between OHIP and each provider should very clearly prohibit the provider from accessing medical information through the HIE for any purpose other than to support the treatment being provided to patients. The AMCNO was also concerned about the need to obtain a consent form every year from a patient in order for a physician or hospital to obtain information from the OHIP HIE.

OHIP received comments from around the state on this issue and they have determined, based on research, federal policy direction and current consumer opinions about privacy, to require that a patient must give consent for a physician to access their health information from the statewide health information exchange (now known as CliniSync). However, instead of having to obtain this consent form every year the CliniSync consent is only required one time. After CliniSync consent is granted, treating physicians can use CliniSync to provide care to their patient. OHIP also plans to take other comments made by the AMCNO and others into consideration when drafting their revised formal consent policy. This consent policy is currently being drafted by OHIP for their board approval. After it is approved, this CliniSync consent policy will become part of the Policies and Procedures that all CliniSync Participating Organizations must follow. With regard to the drafting of new legislation in Ohio to address some of the issues outlined by the AMCNO and others, OHIP has indicated that due to the timeline for the implementation and optimization of the HIE, OHIP plans to develop policies and procedures based on existing Ohio law, but they do plan to engage its stakeholders in a legislative change process at a later date. The AMCNO plans to be involved in this legislative discussion. In addition the OHIP Privacy and Policy Committee will continue to draft the other policies required for the OHIP HIE (now branded as CliniSync) and OHIP staff will begin to create an educational toolkit for patients and physicians to explain the Consent Policy. To view the entire response document prepared by OHIP go to http://ohiponline.org/Quick%20Info/2011%2004%2027%20Comment%20Response%20for%20website%20v%206%20dh.pdf