CMS recently sent a proposed request for information (RFI) to the Federal Office of Management and Budget (OMB) for review. The RFI would seek feedback on whether provisions of HIPAA present barriers or otherwise discourage coordination of care among providers, payors and patients. The RFI also seeks feedback on whether HIPAA “impede[s] the transformation to value-based health care without providing commensurate privacy or security protections. . . .” Importantly, the RFI seems to acknowledge some of the most burdensome requirements under HIPAA by requesting feedback on provisions regarding accountings of disclosures and written acknowledgement of receipt of a notice of privacy practices. The RFI also asks for comments regarding good faith disclosures. Hopefully, this is a signal that there may be some common sense changes to HIPAA that reduce burdens on covered entities without jeopardizing patients’ privacy. Stay tuned…
