HHS announces proposed changes to HIPAA Privacy Rule

A Notice of Proposed Rulemaking concerning the accounting of disclosures requirement under the Health Insurance Portability and Accountability (HIPAA) Act Privacy Rule, is available for public comment. The proposed rule would give people the right to get a report on who has electronically accessed their protected health information. The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) is proposing changes to Privacy Rule, pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act. HITECH is part of the American Recovery and Reinvestment Act of 2009. “This proposed rule represents an important step in our continued efforts to promote accountability across the health care system, ensuring that providers properly safeguard private health information,” said OCR Director Georgina Verdugo. “We need to protect peoples’ rights so that they know how their health information has been used or disclosed.” People would obtain this information by requesting an access report, which would document the particular persons who electronically accessed and viewed their protected health information. Although covered entities are currently required by the HIPAA Security Rule to track access to electronic protected health information, they are not required to share this information with people. The proposed rule requires an accounting of more detailed information for certain disclosures that are most likely to affect a person’s rights or interests. The proposed changes to the accounting requirements provide information of value to individuals while placing a reasonable burden on covered entities and business associates. People may now read the proposed rule at: http://www.federalregister.gov/ and submit comments to http://www.regulations.gov/#!home (search for Proposed Rule) through August 1, 2011. For additional information, click here.  Action: Review the rule and submit your comments.

The OF-1-MIND Campaign is a product of the Ohio Association of County Behavioral Health Authorities Foundation.

--


OACBHA offers multiple publications, to opt out of this one or subscribe to others visit this link.

NY’s Highest Court Upholds Privacy Rights in Victory over Kendra’s Law

The New York Court of Appeals recently ruled to enforce the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) in a case where the state was seeking to compel an individual to receive mental health treatment under Kendra’s Law, a 1999 outpatient commitment law.

In 2007, the New York City Department of Health and Mental Hygiene tried to force-treat Miguel M., and – against his wishes and without a court order – wanted to use as evidence records of his two recent psychiatric hospitalizations. On May 10, 2011, the state’s highest court overturned the rulings of two lower courts, which had ruled in favor of the state. “To disclose private information about particular people, for the purpose of preventing those people from harming themselves or others, effects a very substantial invasion of privacy without the sort of generalized public benefit that would come from, for example, tracing the course of an infectious disease,” the Court of Appeals noted in its ruling.

Source: http://cts.vresp.com/c/?NationalMentalHealth/d0e7c89bdd/084cd67ede/fc5dee5df7