The Office of Civil Rights Publishes Proposed HIPAA and HITECH Act Rules

On July 14, 2010, the Office of Civil Rights (“OCR”) published a proposed rule to modify the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Enforcement Rules and to implement many of the provisions of the Health Information Technology for Economic and clinical Health Act (the “HITECH Act”). 1 In general, the provisions in the proposed rule serve to update existing HIPAA Rules and to conform to the HITECH Act’s requirements. Among other things, the proposed rule: delays the compliance date for various provisions under the HITECH Act; implements provisions of the HITECH Act relating to business associates; expands the definition of business associates; and restricts the sale of protected health information (“PHI”).

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