AMHA-USA - HIPAA- Brief Hx. to removal of consent
At issue is the removal of individuals' right to deny consent for re-disclosure of protected health information PHI, unless the covered entity chooses to grant that right. Under HIPAA, as it stands now, the choice about whether or not information is shared is given to the covered entity holding the information, whether that entity is the care giver, the hospital, the insurance company. All of HIPAA's restrictive mandates, that covered entities have protections in place for that information, that there be locks, secure computer terminals etc., do not change the fact that the individual has lost control of where information goes.
A Brief History of HIPAA – to the removal of the right to consent.
B. September 11, 1997 - Secretary of HHS submits recommendations to Congress with respect to privacy rights and standards.
C. November 3, 1999 - HHS issues proposed Privacy Rule to implement section 264 of HIPAA. 64 Fed. Reg. 59,918.
D. December 15, 1999 - HHS extends comment period by more than 30 days. 64 Fed. Reg. 69981.
E. December 28, 2000 - HHS issues final Privacy Rule implementing section 264 of HIPAA, with an effective date of February 26, 2001. 65 Fed. Reg. 82,462.
F. February 26, 2001 - HHS, under Bush Administration, delays the effective date to April 14, 2001 in order to provide Congress an opportunity to review the Rule under the Congressional Review Act. 66 Fed. Reg. 12,434.
G. February 28, 2001 - HHS reopens comment period of Privacy Rule for another 30 days. 66 Fed. Reg. 12,738.
H. April 12, 2001 - HHS announces that the Privacy Rule will be put into effect on April 14, 2001 stating that “The President considers this a tremendous victory for American consumers…” (Statement by HHS Secretary Tommy G. Thompson, April 12, 2001); 65 Fed. Reg. 12,433.
I. March 27, 2002 - HHS proposes major changes in Privacy Rule and provides 30-day comment period. 67 Fed. Reg. 14,776.
14, 2002- HHS
publishes final amendments to Privacy Rule reversing policy announced on
April 12, 2001. 67 Fed. Reg.
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