HIPAA Privacy Rule Modification Removing Barriers and Promoting Coordinated Care at What Cost?

May 23, 2021

As expressed above, while there is broad acknowledgment of the merits of the Proposed Rules goals, as expressed by several commenters, there are significant concerns with the complexity that is added by the rule and the general issues related to overlapping regimes created by various departments/agencies with HHS. By way of example, OCR has created definitions for PHA and EHR and expanded individual access rights; however, the Interoperability Rules attempted to create standards regarding such access through references to the United States Core Data for Interoperability (USCDI). If the Proposed Rule is finalized, entities will be required to navigate multiple layers of overlapping and potentially conflicting regulations.A second key issue is the impact of state laws on the Proposed Rule and other regulations being issued by HHS pursuant to the Regulatory Sprint to Coordinated Care. Since HIPAA does not pre-empt state law that is more protective of PHI, health care providers and other covered entities need to examine to what extent they will be able to rely on the more liberal disclosure requirements around coordinated care if such disclosures are restricted by state law. Several states such as California and New York have more restrictive laws that may prohibit such disclosures.

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HIPAA Privacy Rule Modification Removing Barriers and Promoting Coordinated Care at What Cost?

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