HHS moves to implement and modify HIPAA privacy rules

Today U.S. Health and Human Services Secretary Tommy Thompson said the department will begin implementing the patient privacy regulations of the Health Insurance Portability and Accountability Act of 1996.

However, in response to more than 24,000 written comments HHS said it received when it reopened public comment on the issue in February and March, Thompson said the rules would be modified over the next several months as the department begins issuing guidelines for implementing them.

"We will consider any necessary modifications that will ensure the quality of care does not suffer inadvertently from this rule," Thompson said in today's statement.

At a minimum, he promised that the implementation guidelines would adhere to the following principles:

  • Doctors and hospitals will have access to necessary medical information about patients they are treating, and will be able to consult with other physicians and specialists regarding a patient's care.

  • Patient care will not be unduly hampered by confusing requirements surrounding consent forms. For example, he said, pharmacists will be able to fill prescriptions over the phone and serve customers in a timely manner.

  • Parents will have access to information about the health of their children, including information about mental health, substance abuse or abortion. Thompson did not offer specific details about this potentially controversial provision.

Crafted during the Clinton administration, the proposed HIPAA privacy regulation was released December 28, 2000 by the HHS under then-director Donna Shalala. Healthcare providers and other parties, wary of the high cost of implementing the rules and their potential negative effects on patient care, petitioned incoming HHS director Tommy Thompson to modify them in a process Thompson initiated with today's statement.

By AuntMinnie.com staff writers
April 12, 2001

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