Sent to me and others via Chiropractic Economics Reply to: Tara Stultz, Editor-in-Chief at: tstultz@chiroeco.com 8/28/02 HHS Issues Final Changes To Patient Privacy Rule Washington, D.C. - Tommy G. Thompson, secretary of the U.S. Department of Health & Human Services, recently announced the release of the finalized version of the first-ever comprehensive federal regulations that give patients protections over the privacy of their health-care records. HHS published final modifications to the privacy regulations in the Aug. 14, 2002, edition of the "Federal Register." The regulations take effect April 14, 2003; details are available online at http://www.hhs.gov/ocr/hipaa/ Chiropractors across the country are beginning to prepare now for the April 2003 effective date. The privacy regulations create national standards to protect individuals' personal health information, while balancing the need of patients to access their health-care records or their minor children's records. As required by the Health Insurance Portability and Accountability Act of 1996, the privacy rule covers health plans, health-care clearinghouses, and those health-care providers who conduct certain financial and administrative transactions electronically. The privacy rule is part of a set of standards required under HIPAA's "administrative simplification" provisions. More information about these standards is available at http://www.hhs.gov/news/press/2002pres/hipaa.html HHS received more than 11,000 public comments on the proposed modifications issued in March 2002 and considered those comments in developing the final rule. The modified privacy rule guarantees patients access to their medical records, gives them more control over how their protected health information is used and disclosed, and provides a clear avenue of recourse if their medical privacy is compromised. HHS issued privacy regulations in December 2000 but decided to make changes to address some unintended consequences of the rule that could have interfered with patients' access to quality care. For example, under the old regulations, patients would have been required to visit a pharmacy in person to sign paperwork before a pharmacist could review protected health information in order fill their prescriptions. Similar barriers could have arisen when a patient was referred to a specialist and in other situations. "We took great care to make sure we weren't creating greater hardships or more health-care bureaucracy for patients as they seek to get prompt and effective care," Thompson said. "The prior regulation, while well-intentioned, would have forced sick or injured patients to run all around town getting signatures before they could get care or medicine. This regulation gives patients the power to protect their privacy and still get efficient healthcare." The privacy rule is designed to enhance the protections afforded by many existing state laws. Stronger state laws and other federal laws continue to apply, so the federal regulations provide a national base of privacy protections. The standards for covered entities apply whether its patients are privately insured, uninsured, or covered under public programs such as Medicare or Medicaid. To help people prepare for and meet the rule's requirements, HHS's Office for Civil Rights will continue to conduct outreach and education targeted to health plans, health-care providers, consumers and others affected by the privacy regulation. These efforts include developing appropriate technical assistance materials, which may include fact sheets, handbooks and other materials, as well as responding to frequently asked questions. HHS also will hold national educational conferences in the fall to address issues related to key parts of the privacy regulation. Technical assistance materials will be posted on OCR's privacy rule website at http://www.hhs.gov/ocr/hipaa/ "We believe the improvements in this final rule will be helpful to both health-care providers and the public," said OCR director Richard M. Campanelli. "Our goal is to ensure patients enjoy their full federal privacy rights and protections by helping covered entities follow the rule."