HHS Workplace Of Civil Rights (OCR) Points Discover Of Potential Rulemaking Containing Main Adjustments To HIPAA Privateness Rule – Privateness

United States:

The HHS Citizens’ Rights Bureau (OCR) is issuing a notice of possible regulatory frameworks that contain material changes to the HIPAA privacy policy

December 18, 2020

Seyfarth Shaw LLP

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On December 10th, OCR released a Proposed Rules Establishment (NPRM) notice outlining the plan for material changes to the HIPAA Privacy Rule, which defines how most of the United States use individually protected health information (PHI) can be. The proposed changes are part of a number of recent changes, including changes to the laws and regulations governing reimbursement for telehealth, fraud and abuse, and other Medicare reimbursement systems, designed to enable providers to more effectively participate in care coordination and increase opportunities for patients and providers Improve Be more responsive and proactive in managing patient care.

The NPRM has several highlights:

• Simplifying patients’ access to their own PHI, including reducing response times for access requests;
• Facilitating patient inquiries about the exchange of electronic health records (EHRs) between providers;
• Change in fee schedules for patient requests for copies of PHI;
• Eliminating the need for written confirmation of receipt of a privacy policy;
• Enable a wider range of permitted uses and disclosures for care coordination and management; and
• Lowering the standard for disclosure of PHI to avert a health and safety hazard to “serious and reasonably foreseeable” (the current standard is “serious and imminent”).

The NPRM can be publicly commented on for 60 days from the date of its first publication in the Federal Register. The NPRM was made available on the OCR website from December 10th, but has not yet been entered in the federal register. Since the deadline for the comment period and the final determination of rules would be after the inauguration date of the Biden administration, it is not known whether the Biden administration will continue this push to relax the rules or reflect the priorities set in the NPRM.

The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.

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