About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (April 24, 2003)

handle is hein.crs/crsaidz0001 and id is 1 raw text is: Order Code RS21505 April 24, 2003 CRS Report for Congress Received through the CRS Web Compliance with the HIPAA Medical Privacy Rule Gina Marie Stevens Legislative Attorney American Law Division Summary As of April 14, 2003, most health care providers (including doctors and hospitals) and health plans are required to comply with the new Privacy Rule mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and must comply with national standards to protect individually identifiable health information. The HIPAA Privacy Rule creates a federal floor of privacy protections for individually identifiable health information; establishes a set of basic consumer protections; institutes a series of regulatory permissions for uses and disclosures of protected health information; permits any person to file an administrative complaint for violations; and authorizes the imposition of civil or criminal penalties. In hearings prior to the effective date of the Rule, there was widespread concern over aspects of the rule, including the extent to which it preempted state laws. On April 17, 2003, HHS published an interim final rule establishing the rules of procedure for investigations and the imposition of civil money penalties concerning violations. This interim final rule will be effective May 19, 2003 through September 16, 2003. HHS plans to issue a complete Enforcement Rule with both procedural and substantive provisions after notice-and- comment rulemaking. This report will be updated. Background. In order to improve portability and continuity of health insurance coverage in the group and individual markets,1 Congress enacted the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on August 21, 1996, P. L. 104-191, 110 Stat. 1936, 42 U.S.C. §§ 1320d et seq. Subtitle F of Title II of HIPAA is entitled Administrative Simplification, and states that the purpose of the subtitle is to improve health care by encouraging the development of a health information system through the establishment of standards and requirements for the electronic transmission of certain health information.2 Sections 261 through 264 of HIPAA contain the administrative 1 H.R. Rep. No. 104-496, at 1, 66-67, reprinted in 1996 U.S.C.C.A.N. 1865, 1865-66. 2 110 Stat. 2021. Congressional Research Service **** The Library of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most