Pathology/Lab Coding Alert

Question: I heard that HHS released a proposed rule for HIPAA changes last December. Is that true, and are the changes fixed at this time?

Georgia Subscriber

Answer: You are correct that HHS Office for Civil Rights (OCR) released a proposed major overhaul of the HIPAA Privacy Rule in December 2020.

The changes are not yet approved. OCR is extending the comment period and giving the public until May 6 to weigh in on a notice of proposed rulemaking (NPRM), which includes substantial modifications to the HIPAA Privacy Rule, an OCR release notes. Some of the hot topics covered in the proposal include:

• Updates to HIPAA Right of Access
• Emergency flexibilities
• Family and caregiver access to patients’ health data
• Reducing administrative burdens

“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 45-day 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.”

Resource: Read the NPRM and comment 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.