HHS Proposes Modifications
to Privacy Rule
March 22, 2002 - The Department
of Health and Human Services (HHS) March 21 announced
proposed changes to the Standards for Privacy of Individually
Identifiable Health Information (commonly referred to as the
"privacy rule") that took effect April 14, 2001.
According to the HHS press release, this proposal would modify
the research-related provisions of the rule to eliminate the
need for researchers to use multiple forms to obtain a subject's
consent for participation and authorization for the use or
disclosure of protected health information in research. This
and other proposed modifications would bring the rule "more
closely in line with the Common Rule." The Department
also specifically requests comments on alternative approaches
to the de-identification of protected health information.
The proposal removes the consent requirements for treatment,
payment and health care operations; patients would be asked
acknowledge the privacy notice, but doctors and other providers
could provide care if they did not. Additionally, the proposed
changes simplify authorizations by allowing a single type
of form to obtain patient's permission. The modifications
also include model business associate contract provisions.
The proposed modifications to the privacy rule will be published
in the March 27 Federal Register with a 30 day comment period.
Information:
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