HIPAA Blog

[ Monday, July 06, 2020 ]

 

HIPAA Changes Coming?  According to Becker's Health IT, HHS is considering new HIPAA rulemaking, impacting two areas.  First, the agency is considering a specific revision to expand the ability to share data for care coordination and case management, presumably to assist ACOs and other integrated (but independent) care providers.  Personally, I think the HIPAA Privacy Rule as currently drafted allows sufficient data-sharing, but HHS might be reacting to industry concerns and hypersensitivity, which is understandable.  The second area is finally determining how OCR should share funds received from fines and penalties with affected individuals.  This was an element included in the HITECH Act, but given that OCR gets funding from those penalties, it's not surprising that they've dragged their feet so far in getting this done.

UPDATE: Here is the draft of the proposed regs  on sharing of fines (note, I haven't read them yet), courtesy of @BobCoffield.

UPDATE 2: Also from @BobCoffield, here's the proposed regs on care coordination (haven't read these yet either).

UPDATE 3: Doesn't look like either of the reg sets are fully baked.  The sharing of fees one references back to the 2011 Notice of Proposed Rule Making, and the possibility of a second NPRM in April 2021.  The case management/care coordination one harkens back to 2018, and indicates a NPRM expected June 2020.  But in both cases, no new regulations are out just yet.  

Jeff [7:30 AM]

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