Since HIPAA’s inception there have been several updates over the years. As technology changes, so must some the of HIPAA rules. We have not seen any major changes since 2013 when the Omnibus Rule gave HIPAA teeth and enforcement became real.
During 2019 the United States Department of Health and Human Services (HHS) had requested comments on 54 questions from providers. In December 2020 HHS issued a Notice of Proposed Rulemaking that outlined several changes to the HIPAA Privacy Rule based on the response they received in 2019. In 2021 HHS again requested comments on the proposed HIPAA changes, however the Final Rule has not been published yet.
The Office for Civil Rights (OCR) has been implementing many files for violations of the HIPAA Right of Access when access to medical records in the designated record set is not provided in a timely manner. With these new proposed changes, the time frame maybe reduced.
The proposed changes strengthen the requirements for providers to offer patients access to their PHI. This also includes data sharing between facilities, technology partners, and mobile apps.
Some of these changes to HIPAA in 2022 are likely to be implemented, but it may take until 2023 for those changes to become enforceable. We will be updating our policies to reflect these changes. At that time, you will receive an email from Aris requesting to review and approve changes and/or new policies. It is suggested to review these changes and update your staff. Many of these changes will directly affect how they interact with your patients.
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Monday, August 15, 2022