The Department of Health and Human Services, Office for Civil Rights, has indicated that they will not enforce the requirement in the Final Omnibus Rule to revise the Notice of Privacy Practices by September 23, 2013 for certain HIPAA-covered laboratories which are subject to or exempt from the Clinical Laboratory Improvement Amendments of 1988 (CLIA). These laboratories are not currently required, under HIPAA, to provide individuals with access to their laboratory test reports. The Department of Health and Human Services is expecting to publish amendments to the HIPAA Privacy Rule and to the CLIA regulations regarding the right of individuals to receive their test reports directly from these laboratories. The proposed amendments would materially change the privacy practices for such laboratories, and therefore would require that the laboratories update their notice of privacy practices. In order to avoid requiring two revisions to the notice of privacy practices in such a short amount of time, the Office for Civil Rights will delay its enforcement. All other covered entities, including laboratories operating as part of a larger entity, are still required to update their Notice of Privacy Practices by September 23rd.
For more information, please contact:
Richard S. Cooper
Jane Pine Wood
Bridget K. Cougevan
McDonald Hopkins has a large and diverse healthcare practice, which is national in scope. The firm represents a wide variety of healthcare providers, facilities, vendors, technology companies and associations. Our diverse experience enables us to give our clients a unique perspective on the issues that may confront them in the rapidly evolving healthcare environment.