Is Change Coming to the HHS Privacy Rule?
Recently, the Department of Health and Human Services (HHS), the agency that creates and enforces HIPAA regulations, proposed to modify the HIPAA Privacy Rule. The proposed modifications are contained in a Notice of Proposed Rulemaking (NPRM). Individuals have 60 days to comment on the proposed changes. HHS will consider these comments in deciding whether to make its proposed change final. The proposed HHS Privacy Rule change is discussed below.
Is Change Coming to the HHS Privacy Rule? Purpose of HHS’ Proposal
As part of HHS’ Regulatory Sprint to Coordinated Care Initiative, the Office for Civil Rights (OCR) has issued a Notice of Proposed Rulemaking (NPRM) to modify the HIPAA Privacy Rule. The proposed changes seek to:
- Support individuals’ engagement in their care;
- Remove barriers to coordinated care; and reduce regulatory burdens on the healthcare industry; and
- Remove obstacles to patients’ right to access their own health information.
The proposed changes seek to promote the concept of “value-based care.” Under this concept, HHS seeks to remove regulations it believes stand in the way of innovation and care coordination.