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Will HIPAA Changes be Introduced in 2022?

  • The OCR issued a proposal to modify the HIPAA Privacy Rule in 2021, that will take effect in 2022.
  • These changes include strengthening individuals´ rights to access their own health information and enhancing flexibilities for disclosures in emergency or threatening circumstances.
  • Even though industry stakeholders requested several other HIPAA updates, it is unlikely there will be any additional HIPAA laws introduced in 2022.

Physicians, providers, patients, and the entire healthcare industry started this year with expectations of significant changes to the regulation of health information privacy and security by the Department of Health and Human Services (HHS).

To keep up with the constantly evolving healthcare industry, HHS has made minor changes to try to keep HIPAA updated for the challenges facing the industry. However, no significant changes or updates have been made to the HIPAA Privacy Rule(Standards for Privacy of Individually Identifiable Health Information) since at least 2007.

Among other goals, HIPAA changes need to be implemented to stay updated on how healthcare access is delivered to enable better patient care coordination and to identify the roles that patients play in managing their own healthcare. The process of making HIPAA updates is slow, as the lack of HIPAA changes in previous years has shown.

In December 2020, however, the Office for Civil Rights (OCR), HHS subdepartment, issued a proposal to modify the HIPAA Privacy Rule in 2021, that will take effect in 2022. The release of this Notice of Propose Rulemaking (NPRM) made a rule making proposal to mark significant HIPAA modifications on the Privacy Rule standards to prevent HIPAA breaches.

Read more about this and other related items in our blog 4 steps to reduce HIPAA breaches within your medical practice – Health Prime (hpiinc.com)

The HHS announced that the proposed changes to the HIPAA Privacy Rule include:

  1. Strengthening individuals´ rights to access their own health information.
  2. Improving information-sharing for care coordination and case management for individuals.
  3. Facilitating greater family and caregiver involvement in the care of individuals experiencing emergencies or health crisis.
  4. Enhancing flexibilities for disclosures in emergency or threatening circumstances.
  5. Reducing administrative burdens on HIPAA-covered healthcare providers and health plans, while continuing to protect individuals´ health information privacy interests.

According to the HIPAA Journal, there are expected to be new HIPAA regulations this year when the OCR publishes the final rule on the proposed changes to the HIPAA Privacy Rule. Even though industry stakeholders requested several other HIPAA updates, it is unlikely there will be any additional HIPAA laws introduced in 2022.

Once the Final Rule is passed the compliance date will be the standard 180-day period provided in 45 CFR 160.105. OCR will begin enforcing the revised Privacy Rule provisions 240 days after publication of the Final Rule.

Stay up to date on this and other industry news through our February 2022 newsletter. Subscribe to our monthly newsletter and our Health Prime Blog for ongoing leading industry medical practice guidance and policy updates.

Resources

New HIPAA Regulations in 2022 – HIPAA Info

New HIPAA Regulations in 2022 (hipaajournal.com)

HIPAA Changes Coming in 2022 Might Require Policy Revisions | Rivkin Radler LLP – JDSupraHIPAA Privacy and Security: At a Crossroads in 2022? (govinfosecurity.com)

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