OCR’s Proposed Revisions to Accounting for Disclosures Standard Produces Strong Opposition from Many Covered Entities



The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is reviewing comments submitted by interested parties to OCR’s proposed rule (Proposed Rule) to implement a provision of the Health Information Technology for Economic and Clinical Health Act (HITECH Act) that expands the accounting for disclosures standard under the privacy standards (Privacy Standards) adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The HITECH Act provision requires health care providers, health plans and other HIPAA covered entities (Covered Entities) to account for disclosures of Protected Health Information (PHI) made through an electronic health record for treatment, payment and health care operations purposes. Based on comments made publicly available by the commenters, the Proposed Rule has engendered vigorous opposition within the health care industry.

The Proposed Rule follows OCR’s request for information from interested parties and the public on implementation of the HITECH Act provision on May 3, 2010 (Request For Information). OCR indicates in the preamble to the Proposed Rule that responses to the Request For Information influenced the drafting of the Proposed Rule.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:


McDermott Will & Emery on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.