HHS Issued a Proposed Rule to Strengthen Individuals’ Rights to Access Their Own PHI

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Published: 01.14.2021

The Department of Health and Human Services (HHS) issued a proposed rule that would make certain changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed changes are primarily intended to support individuals’ engagement in their care and remove barriers to coordinated care.

While many of the proposals primarily impact health care providers and their patients, a number of proposed provisions will also have an impact on employer-sponsored health plans. Specifically, the proposed rule would, among other things:

• Strengthen individuals’ rights to access their own personal health information (PHI), including electronic information;
• Improve information sharing for care coordination and case management for individuals; and
• Modify the content requirements of the Notice of Privacy Practices to clarify individuals’ rights with respect to their PHI and how to exercise those rights.

If finalized, the provisions in the final rule would take effect 60 days after publication. Covered entities would generally have 180 days from the effective date to comply.

Source: HR 360
HHS.gov | HHS Proposes Modifications to the HIPAA Privacy Rule to Empower Patients, Improve Coordinated Care, and Reduce Regulatory Burdens