[ Friday, April 15, 2005 ]


New Enforcement Rule: HHS has published (actually, I haven't seen it, and it'll not be out in the Federal Register until Monday) an updated enforcement rule about HIPAA other than Privacy (they had already published an enforcement rule for Privacy). The good news is that enforcement will operate similarly for the rest of the "administrative simplification" portions of HIPAA just as its operating for Privacy. Apparently, there's some clarification on what a "person" means, although there's no clarification on whether non-Covered Entities can or should be able to be held liable for HIPAA violations (the Gibson case lets us know how DOJ feels). And there's a clarification that if a Covered Entity complies with the Business Associate requirements and the BA violates HIPAA, the CE won't be held liable for HIPAA penalties (even though there's an argument that the BA is an agent of the CE.

I'll update if there's more once I read the rule. And if you're a subscriber to BNA, here's their take on it.

UPDATE: Here it is in pdf format, as it looks in the Federal Register.

And here's the blurb as sent out by Stanley Nachimson:

SUMMARY OF THE NPRM: The Secretary of Health and Human Services is proposing rules for the imposition of civil money penalties on entities that violate rules adopted by the Secretary to implement the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191 (HIPAA). The proposed rule would amend the existing rules relating to the investigation of noncompliance to make them apply to all of the HIPAA Administrative Simplification rules, rather than exclusively to the privacy standards. It would also amend the existing rules relating to the process for imposition of civil money penalties. Among other matters, the proposed rules would clarify and elaborate upon the investigation process, bases for liability, determination of the penalty amount, grounds for waiver, conduct of the hearing, and the appeal process.

Jeff [10:42 AM]

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