OCR’s Notice of Proposed Rulemaking

OCR’s Notice of Proposed Rulemaking

Wondering about the status of OCR’s Notice of Proposed Rulemaking? OCR announced the proposed rulemaking in December 2020. Although the proposal was not technically subject to the “regulatory freeze” by the Biden administration, it was effectively delayed because OCR extended the public comment period until May 2021.

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OCR’s NPRM to modify HIPAA

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 healthcare, remove barriers to coordinated care, and decrease regulatory burdens on the healthcare 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.

Read more: Understanding and implementing HIPAA rules

The NPRM proposed changes to the Privacy Rule include 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 healthcare providers and health plans.

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

Read more: HIPAA Compliant Email: The Definitive Guide [2023 update]

Wondering about the status of OCR’s Notice of Proposed Rulemaking?

On January 21, 2021, the NPRM for the proposed HIPAA privacy rule changes was published in the Federal Register. The deadline for submitting comments on the 357-page proposal was March 22, 2021. Almost everyone interacting with healthcare systems will be affected by the proposed changes to the HIPAA Privacy Rule. In light of the potential impact of the proposed HIPAA changes, the deadline for submitting comments was extended to May 6, 2021. OCR has not yet provided a date for when the Final Rule will be issued, but it is likely to result in HIPAA changes in 2023, although they may not become enforceable until 2024.

Read more: OCR shares guidance on preventing common cyberattacks

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Anne-Marie Sullivan

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