HIPAA Privacy Rule and Care Coordination

On January 21, 2021, OCR published a Notice of Proposed Rulemaking (NPRM) to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to support individuals' engagement in their health care, remove barriers to coordinated care, and decrease regulatory burdens on the health care industry, while continuing to protect individuals' health information privacy interests.
OCR developed many of the proposals in the NPRM in response to public comments received in response to its 2018 Request for Information (RFI) on Modifying the HIPAA Rules to Improve Coordinated Care.
The NPRM requested public comment on proposed changes to the Privacy Rule, including proposals to:

  • Strengthen individuals' rights to access their own health information, including electronic information.
  • Improve information sharing for care coordination and case management for individuals.
  • Facilitate family and caregiver involvement in the care of individuals experiencing emergencies or health crises.
  • Enhance flexibilities for disclosures in emergency or threatening circumstances, such as the Opioid and COVID-19 public health emergencies.
  • Reduce administrative burdens on HIPAA covered health care providers and health plans.

The estimated total cost saving from this proposed regulatory reform is $3.2 billion over five years.

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