HHS Issues Request for Information on HIPAA Privacy Rule Changes - May 11, 2010

On May 3, the U.S. Department of Health and Human Services (HHS) issued a request for information on the Health Information Portability and Accountability Act (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act. Under HIPAA, covered entities have to make available to individuals an accounting of certain disclosures of protected health information, but the law exempted disclosures necessary for treatment, payment, and health care operations. The HITECH Act amended the law and requires covered entities to account for such exempted disclosures if they are through an electronic health record. HHS provides a series of questions and seeks feedback on how best to implement this rule, recognizing that it is likely to place a significant administrative burden on covered entities. Comments to HHS are due by May 13.