HIPAA Accounting of Disclosures of Health Info Proposed Rule Released

The Department of Health and Human Services (HHS) Office for Civil Rights published and requests public comment a notice of proposed rulemaking to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule’s standard for accounting of disclosures of protected health information. The purpose of the proposed modifications is, in part, to implement the statutory requirement under the Health Information Technology for Economic and Clinical Health Act (“the HITECH Act’’ or ‘‘the Act’’) to require covered entities and business associates to account for disclosures of protected health information to carry out treatment, payment, and health care operations if such disclosures are through an electronic health record.

Pursuant to both the HITECH Act and its more general authority under HIPAA, HHS proposes to expand the accounting provision to provide individuals with the right to receive an access report indicating who has accessed electronic protected health information in a designated record set.

Under its more general authority under HIPAA, HHS also proposes changes to the existing accounting requirements to improve their workability and effectiveness.

The proposed rule may be viewed here. HHS invites the public to submit comments on the proposed rule. Submit comments on or before August 1, 2011.

Source: HHS Notice of Proposed Rulemaking