The Department of Health and Human Services has sent to the Office of Management and Budget for review a proposed rule to modify disclosures of information under the HIPAA Privacy rule. OMB review, which can take a very short or very long time to complete, is one of the last steps before a rule is published in the Federal Register.

The rule would implement the accounting for disclosures provisions of Section 13405 of the HITECH Act. HITECH expands the privacy rule's disclosure requirements by including disclosures during the previous three years for treatment, payment and health care operations if a covered entity uses an electronic health records system. During a public comment period in 2010, the Medical Group Management Association called the requirement burdensome and unrealistic.

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