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HHS Releases Notice of Proposed Rulemaking

HEALTHCARE PRIVACY—U.S.

May 27, 2011

The Department of Health and Human Services has released its notice of proposed rulemaking on the HIPAA accounting for disclosures rule. The rulemaking would modify the HIPAA Privacy Rule "to implement the statutory requirement under the HITECH Act to require covered entities and business associates to account for disclosures of protected health information to carry out treatment, payment and healthcare operations if such disclosures are through an electronic health record." Wiley Rein partner Kirk Nahra, CIPP, told the Daily Dashboard, "This is a very worrisome and burdensome proposal that goes well beyond the approach identified by the statute. Companies across the healthcare industry and their business associates should be considering appropriate comments to address these burdens and complications."
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