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Federal Health Agency to Issue HIPAA Privacy Rule Modification Soon

 The Department of Health and Human Services (HHS) expects to issue a modification of the health care privacy rule soon, according to an HHS official. The medical privacy rule, mandated by the 1996 Health Insurance Portability and Accountability Act (HIPAA), took effect in April 2001. The compliance deadline for the privacy rule is April 14, 2003. The regulation is designed to prevent misuse of patient medical information, but some health care industry representatives have argued that the final rule, published in December 2000, has unintended consequences that will hinder patient care and health care business operations. They have asked HHS for changes in the regulation's patient consent requirements, the policy for protecting minors, and the requirement that health care groups disclose only enough patient data to meet the intended purpose. HHS Secretary Tommy G. Thompson told the health care industry that the department would release a notice of proposed rulemaking suggesting changes to make the rule more "workable." "The proposed rule will answer a lot of questions," said Kelly Heilman, privacy program and policy specialist for HHS's Office of Civil Rights (OCR). "We are looking to publish an enforcement rule to provide more details." The OCR, charged with enforcing the privacy rule, may impose monetary penalties for non-compliance and refer cases to the US Department of Justice for investigation. The OCR may also conduct compliance reviews of health care organizations and request that covered entities submit the policies and procedures they have developed for safeguarding patient information.

Source:
"Proposed Rule to Modify Privacy Regulation To Be Released Shortly, HHS Official Says," Privacy & Security Law Report, The Bureau of National Affairs, 1/14/02.

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