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June 19, 2013

Office of Management and Budget "OMB" Extends Review Period for HIPAA/HITECH Omnibus Rule

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Dianne J. Bourque
Stephanie D. Willis
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Wednesday, July 4, 2012
Administrative & Regulatory / Health Law & Managed Care
All Federal
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The Office of Management and Budget (OMB) announced on Friday, June 22, 2012, that it has extended the review period for the highly-anticipated omnibus rule intended to update key definitions and enforcement provisions relating to the implementation of  the Health Insurance Portability and Accountability Act (HIPAA).  As we noted in a previous post, the rule was originally submitted to OMB in late March.

The extension of the review period lends more credence to the rumors stemming from a recent statement made by Dr. Farzad Mostashari, National Coordinator at the Office of the National Coordinator for Health Information Technology, that the rule would be published by the end of the summer.  Mostashari’s comments have already confirmed that the final rule will extend liability under HIPAA to business associates and subcontractors, but the industry is waiting with bated breath for the final rule to provide more certainty about the future of the remaining provisions on privacy and security enforcement.

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About the Author

Dianne J. Bourque
Of Counsel

Dianne is Of Counsel in the firm’s Health Law Section. She advises a variety of health care clients on a broad range of issues, including licensure, regulatory, contractual, and risk management matters, and patient care. A large part of Dianne’s practice involves counseling researchers and research sponsors in matters related to FDA and OHRP regulated clinical research, including patient consent, access to and use of tissue and associated patient information, and the Institutional Review Board process. She also counsels health care clients and other business entities...

DBourque@mintz.com
(617) 348-1614
www.mintz.com/people/50/Dianne_J_Bourque

About the Author

Stephanie D. Willis
Associate

Stephanie is an Associate in the Washington, D.C. office, practicing in the Health Law Section.

Prior to joining Mintz Levin, Stephanie was an associate counsel in the Department of Health and Human Services’ Office of Counsel to the Inspector General. There, her practice focused on health care enforcement matters involving the False Claims Act, the Social Security Act, the Physician Self-Referral Act, the anti-kickback statute, the EMTALA, and other administrative actions.

SDWillis@Mintz.com
(202) 434-7437
www.mintzlevin.com/people/677/Stephanie_D_Willis

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