Lexology December 17, 2020
The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has issued a Notice of Proposed Rulemaking (NPRM) that proposes significant changes to the HIPAA Privacy Rule. The NPRM comes nearly two years after OCR asked stakeholders to identify HIPAA provisions that impede value-based care, seeks to “empower patients, improve coordinated care, and reduce regulatory burdens,” and is part of HHS’s “Regulatory Sprint to Coordinated Care” initiative.
Below we provide an overview of the most significant proposed modifications:
- Enhancing Individuals’ Access Rights. The proposed rule seeks to strengthen an individual’s right to access his or her PHI in several respects, including by:
- Clarifying the Inclusion of Electronic Health Records. The proposed rule would define...