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On December 10, 2020, the Office for Civil Rights of the Department of Health and Human Services ( HHS ) released a proposed rule that amends provisions in the Health Insurance Portability and Accountability Act ( HIPAA ) Privacy Rule to facilitate individuals’ engagement in their care, remove barriers to coordinated care and reduce administrative burdens on the health care industry.
In 2018, HHS launched the “Regulatory Sprint to Coordinated Care,” an initiative to accelerate a transformation of the healthcare system, with a focus on removing “unnecessary obstacles” to coordinated care. On November 20, 2020, HHS and Centers for Medicare & Medicaid Services (“CMS”) each issued a sweeping set of final regulations that introduced significant new value-based terminology, safe harbors and exceptions, as well as clarifications of existing requirements, under the federal anti-kickback statute (“AKS”) and fed
Individual.
Reasonable cost-based fee, limited to labor for making copies, supplies for copying, actual postage and shipping, and costs of preparing a summary or explanation as agreed to by the individual.
Receiving an electronic copy of PHI through a non-internet-based method in response to an access request (e.g., by sending PHI copied onto electronic media through the US Mail or via certified export functionality).
Individual.
Reasonable cost-based fee, limited to labor for making copies and costs of preparing a summary or explanation as agreed to by the individual.
Electronic copies of PHI in an EHR received in response to an access request to direct such copies to a third party.
Tuesday, December 22, 2020
As part of its Regulatory Sprint to Coordinated Care, the US Department of Health and Human Services (HHS) recently proposed important changes to the Health Insurance Portability and Accountability Act (HIPAA) privacy rule. The changes are designed to enhance individuals’ involvement in their care, remove barriers to coordinated care and ease administrative burdens under the HIPAA privacy rule. If finalized, the changes would require significant modifications to regulated entities’ policies and procedures, training and notice of privacy practices (NPP). Interested stakeholders have until 60 days after the publication of the Notice of Proposed Rulemaking (NPRM) in the federal register to provide comments.