Modifying HIPAA Disclosure Accounting Provisions

Law360, New York (June 23, 2011, 2:15 PM EDT) -- On May 30, 2011, the Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking ("Proposed Rule") modifying the disclosure accounting provisions of the Privacy Rule promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA), in accordance with the Health Information Technology for Economic and Clinical Health Act (the HITECH Act). The Proposed Rule (1) provides patients with a right to an "accounting of disclosures" and (2) gives patients the right to obtain an "access report" for electronic health records.

The Proposed Rule significantly broadens the scope of disclosure accounting, resulting in an increased burden for...

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