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AMIA cites concerns about proposed HIPAA modifications
Date:9/28/2010

pulation that Covered Entities must permit the individual to restrict disclosure of any part or all health care items and services if the individual chooses to self-pay. AMIA expresses concern that adoption of this stipulation will foster negative policy implications to a legislatively-required restriction, encourage individuals to "buy privacy" by not using insurance, and create operational difficulties in trying to ensure that information systems can segregate and restrict data flow to payers.

AMIA does not believe it is possible to develop a system in which self-pay restrictions will flow to downstream providers accurately and consistently.

Notice of Privacy Practices (NPP)

Position: AMIA opposes any new addition to privacy notice requirements due to the fact that NPPs are already exceedingly long and complicated, increases in NPPs will not serve a "pro-privacy" purpose to effectively convey information to the vast majority of patients and may decrease the likelihood that patients will read and understand their privacy options.

Individual Access to PHI

Position: AMIA supports a time requirement of less than 30 days for a patient to receive access to or copies of their individual electronic PHI. However, AMIA cautions HHS to adopt a timeline of reasonable length so as not to negatively affect or divert healthcare provider resources to address such requests.

Enforcement

Position: AMIA opposes adoption of the currently proposed framework for addressing complaints and assigning penalties for Privacy Rule violations without further discussion and definition by HHS of the terms "reputational harm" and "indications of non-compliance".

Privacy Rule Time Limits

Position: AMIA supports limiting application of the Privacy Rule to a period of 50 years after death, viewing this term as appropriate for not causing harm to decedents and allowing for the potential use of data
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Contact: Nancy Light
nlight@amia.org
301-657-5903
American Medical Informatics Association
Source:Eurekalert

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