HHS Announces Proposed Changes to
HIPAA Privacy Rule

          On May 31, 2011, the US Department of Health and Human Services issued a notice of proposed rulemaking to modify HIPAA's privacy standard for accounting of disclosures of protected health information (PHI), currently found at 45 CFR 164.528. The proposed rule would give individuals the right to receive a report on who has electronically accessed their PHI: individuals would obtain this information by requesting an access report, which would document the particular persons who electronically accessed and viewed their PHI.  Although the HIPAA Security Rule currently requires covered entities (CEs) to track access to electronic PHI, it does not require CEs to share this information with individuals. The proposed rule also amends the requirements for a full accounting of disclosures, primarily to the benefit of CEs.

          The proposed rule is available for review at www.federalregister.gov.  Comments may be submitted, through August 1, 2011, at www.regulations.gov (search for Proposed Rule).  Read the entire article regarding the proposed rule here.

          For more information about the proposed HIPAA privacy rule and how it may impact your business, please contact Margaret Emmert, Kimberly Metzger, Chris Sears, Skip Whaley or the Ice Miller attorney with whom you work.