<nobr>Jul 12, 2010</nobr>

HHS Releases Modifications to HIPAA Privacy, Security, and Enforcement Rules

The Department of Health and Human Services on July 8 released a proposed rule on the long-awaited modifications to the HIPAA Privacy, Security, and Enforcement rules under the Health Information Technology for Economic and Clinical Health (HITECH) Act.

The HITECH Act, which was enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA) to promote the widespread adoption of health information technology (HIT), made significant changes to the existing HIPAA Security, Enforcement, and Privacy rules for covered entities. Those rules broadly govern the circumstances under which a covered entity may use and disclose an individual's protected health information and the safeguards covered entities must have in place to protect privacy.

According to HHS, the proposed rule would expand enforcement of the HIPAA Privacy, Security, and Enforcement Rules by:

• Expanding individuals' rights to access their information and restrict certain types of disclosures of protected health information to health plans;


• Requiring business associates of HIPAA-covered entities to be under most of the same rules as the covered entities;


• Setting new limitations on the use and disclosure of protected health information for marketing and fundraising; and


• Prohibiting the sale of protected health information without patient authorization.

HHS also said it is looking more closely at entities that are not covered by HIPAA to better understand how they handle personal health information and determine whether additional privacy and security protections are needed for these entities.

Public comments on the proposed rule will be due 60 days after publication in the Federal Register.

Questions or comments on the proposed rule should be addressed to either Gretchen Young, gyoung@eric.org or Adam Solander, asolander@eric.org.

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HHS Proposed Rule

HHS Press Release

Health Data Privacy and Security Resources

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