A Brief History of HIPAA

(with thanks to Jim Pyles, Attorney currently preparing a suit against HHS

concerning the elimination of “consent”. See Legal Challenges to HIPAA at this site.)

I.        History 

A.    August 21, 1996 - Health Insurance Portability and Accountability Act enacted, section 264 requires Congress, by August 21, 1999, or the Secretary of HHS, by February 21,2000, to establish the rights that individuals “should have” with respect to individually identifiable health information.

 

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.

 

J.      August 14, 2002- HHS publishes final amendments to Privacy Rule reversing policy announced on April 12, 2001.  67 Fed. Reg. 53,182.

 

K.    February 20, 2003 – HHS publishes ? final Security and Transaction Rules