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On January 21, 2021, the Department of Health and Human Services (HHS) published proposed changes to the privacy rule (Privacy Rule) of the Health Insurance Portability and Accountability Act (HIPAA). This Notice of Proposed Rulemaking (Proposed Rule) is part of the prior administration s Regulatory Sprint to Coordinated Care to improve coordination of care, promote value-based care, and reduce administrative burden.
HHS raises numerous questions and requests comments from the public. The Proposed Rule includes some proposals that may cause additional burden (such as potentially having to revise notices of privacy practices), but includes many potentially positive changes.
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On December 10, 2020, as part of its Regulatory Sprint to Coordinated Care, the Department of Health and Human Services Office for Civil Rights (OCR) issued a notice of proposed rulemaking to modify the HIPAA Privacy Rule. The modifications seek to remove barriers that may hinder communications between providers and health plans to better coordinate care. The proposed changes also seek to give patients increased access to their protected health information (PHI) and make it easier for them to share information. We have provided a summary of those modifications that will help OCR achieve these initiatives.
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In case privacy lawyers did not have enough to keep up with over the holiday season (as we’ve mentioned, there’s already plenty to keep up with in Europe and California), HHS’s Office for Civil Rights recently issued a Notice of Proposed Rulemaking (“NPRM”) to revamp the HIPAA Privacy Rule.
As the NPRM is a holiday gift that you cannot return, we present this post highlighting its key changes, which include an overhaul of access rights and various new patient disclosure requirements.
Key Changes to Access Rights, Including Reducing Response Deadline to 15 Days and Creation of New Access Rights
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On December 10, 2020, the Department of Health and Human Services, Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM) to revise the HIPAA Privacy Rule. The proposed revisions to the Privacy Rule seek to amend provisions that create barriers to coordinated care “without sufficiently compensating for, or offsetting, such burdens through privacy protections.” OCR developed the proposals after reviewing the public input received in response to the December 2018 Request for Information on Modifying HIPAA Rules to Improve Coordinated Care. The proposals would significantly expand individuals’ rights to access protected health information (PHI), encourage additional sharing for care coordination or to assist individuals with substance use disorders in certain instances, revise the Notice of Privacy Practice (NPP) requirements, and permit disclosures to Telecommunications Relay Services (TRS).
Proposed Modifications to HIPAA Expands Individual Access Rights and Encourages Further Sharing of PHI for Care Coordination Monday, December 14, 2020
On December 10, 2020, the Department of Health and Human Services, Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM) to revise the HIPAA Privacy Rule. The proposed revisions to the Privacy Rule seek to amend provisions that create barriers to coordinated care “without sufficiently compensating for, or offsetting, such burdens through privacy protections.” OCR developed the proposals after reviewing the public input received in response to the December 2018 Request for Information on Modifying HIPAA Rules to Improve Coordinated Care. The proposals would significantly expand individuals’ rights to access protected health information (PHI), encourage additional sharing for care coordination or to assist individuals with substance use disorders in certain instances, revise the Notice of Priva