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HHS/OCR RIN: 0945-AA00 Publication ID: Fall 2019 
Title: HIPAA Privacy: Changes To Support, and Remove Barriers to, Coordinated Care and Individual Engagement 

This proposed rule would seek comment on proposals to modify provisions of the HIPAA Rules which present barriers that limit or discourage coordinated care and case management (including care coordination challenges arising from the opioid crisis) among hospitals, physicians (and other providers), payors, and patients, and to support (and remove barriers) the engagement of individuals with the healthcare system, or otherwise impose regulatory burdens. Such burdens may impede the transformation to value-based healthcare or individual participation in or engagement with the healthcare system without providing commensurate privacy or security protections for patients' protected health information (PHI). The proposed rule would maintain and potentially expand patients' ability to control the use or disclosure of their PHI and to access PHI. This proposed rule would subsume the previous 0945-AA09 entry in the Regulatory Agenda. 

Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 45 CFR 164   
Legal Authority: Health Insurance Portability and Accountability Act of 1996 (HIPAA) Pub. L. 104-191, sec. 264115-5, sec. 13405(c)    Health Insurance Technology for Economic and Clinical Health (HITECH) Act, Pub. L. 115-5, sec.13405(c)   
Legal Deadline:
Action Source Description Date
Final  Statutory  The statutory deadline to issue a rule on accounting of disclosures was 06/01/2010.  06/01/2010 

Overall Description of Deadline: Required by the HITECH Act. Statutory deadline contingent on further regulatory action.

Statement of Need:

The HHS Deputy Secretary launched the Regulatory Sprint to Coordinated Care initiative. The goal of the Regulatory Sprint is to remove regulatory barriers that impede coordinated, value-based health care.  This rulemaking supports the Regulatory Sprint, as well as other HHS initiatives.  

Summary of the Legal Basis:

The HIPAA statute and the HITECH Act.


Anticipated Costs and Benefits:

OCR estimates an annualized cost savings of approximately $1.385 billion per year over five years.  Costs are attributable to new training, the development of new policies and procedures, and administrative expenses.  Cost-savings are attributable to eliminating the Notice of Privacy Practices recordkeeping requirement, eliminating burdens imposed on covered entities for compliance with the minimum necessary standard, and clarifying that business associate agreements are not necessary for telecommunications relay services.


None known.

Action Date FR Cite
NPRM  05/31/2011  76 FR 31426   
NPRM Comment Period End  08/01/2011    
RFI  11/01/2018  83 FR 64302   
NPRM  12/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Andra Wicks
Health Information Privacy Specialist
Department of Health and Human Services
Office for Civil Rights
200 Independence Avenue SW,
Washington, DC 20201
Phone:800 368-1019
TDD Phone:800 537-7697