The National Committee for Vital Health Statistics (NCVHS) is currently
meeting.  You can hear this meeting live vie audio streaming at
http://www.va.gov/audiohhs.htm,

OCR is reporting regarding the status of the privacy rule NPRM.  As I
understand it, OCR just reported that:

1.  There have been over 11,000 comments, 9,000 of which address the issue
of consent.

2.  OCR is working diligently to issue the final rule with the full support
of the Secretary of HHS, OMB and the White House.

3.  The goal is to publish the rule so that the privacy rule that goes into
effect on April 14, 2003 reflects the December 2000 rule as it may be
changed by any final rule changes arising from this NPRM process.  The
problem that it appears that OCR wishes to avoid it a situation where the
December 2000 rule goes into effect on April 14, 2003 for a period of only
several months, and then the amended rule goes into effect, creating an
awkward interim period for enforcement and compliance.  

4.  There then took place a brief and somewhat inconclusive discussion of
the date by which the privacy rule must be published in order to achieve
this goal.  I will not attempt to characterize this discussion.  Presumably
this will be a matter for substantial list serve discussion.

Two final thoughts:

1.  I do not here desire to speak for the government, but rather to share
only generally the nature of the NCVHS discussion.

2.  The ability to listen in to NCVHS live via streaming audio at
http://www.va.gov/audiohhs.htm is great, but not perfect.  The broadcast
just crashed.  I hope that it will be up shortly.

Peter N. Grant, JD, Ph.D.
Partner and Co chair, Health Law Group
Davis Wright Tremaine
Co chair, National HIPAA Summit
Instructor, Schools of Public Health
Harvard University and 
University of California at Berkeley
[EMAIL PROTECTED]
206-628-7668

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