Tip: Add your 2 cents before it’s too late. If you’re concerned about the feds’ rumblings to reconstruct the HIPAA Privacy Rule, you’ve got more time to review the proposed changes — and to offer your opinion on the policies. Details: In December 2020, the HHS Office for Civil Rights (OCR) quietly released a revamp of the HIPAA Privacy Rule. Published in the Federal Register on Jan. 21, the notice of proposed rulemaking (NPRM) “contains nearly 100 requests for comment [and] would make significant and far-reaching changes to the HIPAA privacy regime,” say attorneys Jo-Ellyn Sakowitz Klein and Caroline D. Kessler with law firm Akin, Gump, Strauss, Hauer & Feld LLP in a blog post. In March, OCR extended the comment period to give stakeholders more time to review the proposals before solidifying any changes. The agency is giving the public until May 6 to weigh in on the proposals, due to the substantial modifications to the HIPAA Privacy Rule suggested in the notice, an OCR release explains. Originally the comment period was slated to end on March 22, but a regulatory freeze was announced on Jan. 20 and may account for the change, Sakowitz Klein and Kessler indicate. “OCR anticipates a high degree of public interest in providing input on the proposals because the HIPAA Privacy Rule affects nearly anyone who interacts with the health care system,” said Robinsue Frohboese, acting OCR director, in a release. “The extension of the comment period to May 6, 2021, will give the public a full opportunity to consider the proposals and submit comments to inform future policy.”
Find Out What OCR Wants to Change The twin pillars of federal healthcare, quality and cost, continue to reshape policies and regulations. The latest OCR proposals are infused with MACRA, 21st Century Cures Act, and HITECH Act ideologies with the aim of putting a more modern spin on HIPAA. For example, “the proposed rule would change current HIPAA and HITECH Act protections in order to reduce barriers to the implementation of value-based care models,” notes attorney David Tassa with law firm King & Spalding LLP in online legal analysis. Among the burden-reducing updates are several that address HIPAA Right of Access, which has become a major focus for OCR over the past 18 months (see story, p.3). The NPRM suggests not only changing the fee structures for records requests by both patients and third parties, but also updating the response time for delivering the protected health information (PHI) from the current 30-day turnaround to 15 days. Plus, as part of the records’ inspection process, individuals would be able “to take notes or use other personal resources to view and capture images of their PHI,” the proposed rule says. Additionally on the Right of Access front, the NPRM outlines form-and-format requirements for PHI requests, reduces ID verification burdens, updates policies for electronic PHI (ePHI) files, and sets up future website and patient portal requirements for CEs on records request fee schedules.
Right of Access isn’t the only HIPAA topic that OCR wants to modify and modernize. Here’s a short checklist of other proposals on the table: Review the OCR notice and comment by May 6 at www.federalregister.gov/documents/2021/01/21/2020-27157/proposed-modifications-to-the-hipaa-privacy-rule-to-support-and-remove-barriers-to-coordinated-care.