Pending Proposed Rule to Affect HIPAA Privacy Regime

Jan 20, 2021

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Akin Gump published a client alert on the HIPAA Privacy Proposed Rule and its posting on the Federal Register website for public inspection. The rule is scheduled to be published in the Federal Register on January 21, 2021. If the rule is published as currently scheduled, comments will be due March 22, 2021. Key provisions of the rulemaking focus on:

  • Access and Fees
  • Notice of Privacy Practices
  • Changes to “Minimum Necessary” and “Health Care Operations”
  • Shifting from “Professional Judgment” to “Good Faith” Standard for Certain Disclosures
  • Uses and Disclosures to Avert Threats to Health or Safety
  • HIPAA Status of Telecommunications Relay Service (TRS)

This Proposed Rule includes changes that reduce unnecessary administrative burdens and add clarity to the HIPAA Privacy Rule, as well as changes that appear to complicate the health information ecosphere. To read the full alert, please click here.

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