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On January 21, 2020, the far-reaching HIPAA Privacy Proposed Rule, initially released on December 10, 2020, was published in the Federal Register.
1 Despite speculation that the publication timeline would be altered when the Biden administration came into power, the Proposed Rule has not been withdrawn and the initial comment deadline remains in effect as we move into March. In the absence of a change in course by the current administration, comments will be due March 22, 2021.
The Proposed Rule would affect how individuals may exercise their rights to access and share their protected health information (PHI), limit and adjust the fees covered entities may charge for access, introduce new concepts such as “electronic health record” (EHR) and “personal health application” (PHA) into a health information ecosystem already awash in acronyms, broaden data sharing by modifying the “minimum necessary” standard and adjusting the definition of “health care operations,” and reduce administrative burdens relating to the ubiquitous HIPAA notice of privacy practices, among other changes.