Omnibus Final HIPAA Rule Nears Publication

Published: October 2, 2012•Last Updated: July 15, 2024•Read Time: 1 min

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Summary

Potential shifts to HIPAA compliance are significant: the omnibus final rule under OMB review could remove or revise the harm threshold for breach reporting, extend covered entity level liability to business associates and subcontractors, and require some degree of encryption. These changes would affect privacy, security, breach notification, enforcement, with implications for how covered entities structure relationships with business associates and subcontractors.

The HHS Office for Civil Rights has sent the HIPAA omnibus final rule to the Office of Management and Budget for review, one of the last steps before publication in the Federal Register.

The final omnibus rule would make changes mandated under the HITECH Act to the HIPAA privacy, security, breach notification and enforcement rules, as well as the Genetic Information Nondiscrimination Act of 2008.

Major changes in the HIPAA omnibus final rule could include eliminating or amending the “harm threshold” provision that currently enables covered entities to not report on breaches determined to not be harmful, making business associates and subcontractors liable for breaches as covered entities are, and requiring some degree of data encryption.

A story in the November 2011 issue of Health Data Management explored possible changes to covered entities’ relationships with business associates and subcontractors under a HIPAA final omnibus rule.

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About the Author

Monica McCormack

Director of Content Strategy

Monica McCormack has 5 years of experience as a compliance copywriter and editor. She is well-versed in a diverse range of compliance topics including HIPAA, OSHA, and state privacy laws. She specializes in simplifying regulatory compliance, making it easy to understand for a general audience.

Monica has a background in marketing and is responsible for creating all forms of written content, including articles, resources, press releases, and case studies. She also works with Compliancy Group's association partners to deliver educational content for members.