OCR Announces Intention to Move Forward With Development of Methodology to Distribute Enforcement Funds to Victims of HIPAA Violations

The Office for Civil Rights (OCR) updated its agenda, outlining proposed and final rules as well as pre-rule document releases for 2018. A notable, and highly anticipated, advance notice of proposed rulemaking included on the agenda indicates OCR will seek comments on establishing a way to distribute funds collected from Health Insurance Portability and Accountability Act (HIPAA) enforcement actions to individuals harmed by the underlying incident. This would fulfill a long-awaited and overdue requirement included in the Health Information Technology for Economic and Clinical Health (HITECH) Act, which required OCR to issue regulations about this methodology within three years of HITECH’s 2009 enactment date. The agenda indicates this advanced notice of proposed rulemaking will be released sometime in November 2018. This announcement is quite promising, but leaves many unanswered questions in its wake, especially as to the impact on covered entity healthcare organizations…

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