|
hipaa_bar_left |
HIPAA
ManagerT News
News
You Can Use
NEWS
March 12, 2002 - DHHS Announces Proposed Changes to the Privacy Standards
The Department of Health and Human Services published a notice or proposed rule making ("NPRM") on March 12, 2002 announcing proposed changes to the HIPAA Privacy Rule. These proposed changes include the following:
-
Strengthening the requirements for providers to notify their patients about their privacy rights and the providers' privacy practice.
-
Prohibiting providers from refusing to provide care to a patient if the patient refuses to:
(a) Sign a consent to allow the provider to use and disclose the patient's PHI for treatment, payment or healthcare operations; or
(b) Sign an acknowledgement of the provider's privacy notice.
-
Clarifying that doctors can discuss their patients' treatment with other doctors and professionals involved in their care.
-
Clarifying that state law governs parental access to children's medical records.
-
Requiring pharmacies, health plans and other covered entities to obtain patient authorization before sending marketing materials that allow physicians to communicate with patients about treatment options and disease management programs.
The proposed changes include the following improvements to HIPAA's potential administrative burdens:
-
Allowing researchers to use one form to obtain both informed consent to the research and privacy information.
-
Providing the model business associate contract provisions.
-
Allowing the use of a single type of authorization form.
The proposed changes at this point are being considered and debated by many and at this point it is not certain whether any, or all, of the modifications will be approved. Those changes that are accepted will be incorporated into the final Privacy Rules and the HIPAA ManagerT Reference Manual and other materials will be updated accordingly.
|
|
