The Office for Civil Rights ("OCR") drafted the Privacy Regulations under HIPAA and is
responsible for updating and modifying them annually. I believe that the express
delegation of authority to them from then Secretary Shalala is on their website.
Here's a link:
http://www.hhs.gov/ocr/hipaa/bkgrnd.html
Leslie Bender, Esq.
General Counsel & Privacy Official
roi WebEd Company
www.roiWebEd.com
---------- Original Message ----------------------------------
From: [EMAIL PROTECTED]
Date: Wed, 26 Jun 2002 15:10:17 -0400
>
>
>
>Keep in mind that NCVHS was tasked by Congress to provide status on the
>implementaion of HIPAA. I think this sounds more like a status report on
>HIPAA
>rather than any other reason.
>
>
>David Sweigert, M.S., CISSP
>State IT Security Policy Officer
>Office of Statewide IT Policy
>State of Ohio
>http://www.ohio.gov/itp
>
>
>
>
> "Giesecke, Steve"
>
> <SteveGiesecke@SierraS To: "'Grant, Peter'"
><[EMAIL PROTECTED]>,
> ystems.com> "'[EMAIL PROTECTED]'"
><[EMAIL PROTECTED]>
> cc:
>
> 06/26/2002 12:28 PM Subject: RE: OCR's Report to
>NCVHS Regarding the Status of the
> Privacy Rul e
>
>
>
>
>
>
>
>
>
>
>
>Thanks for the update. I'm curious why the Office of Civil Rights (OCR)
>would be reporting on the status of, as well as be "working diligently on
>issuing," the Privacy Rule modifications when they are presumably in an
>enforcement role with respect to the rule. I would have thought that HHS
>wouldn't turn over the modification/publishing responsibilities until the
>changes were final.....
>
>
>Anyone have a clarifying perspective on the OCR's role in the Privacy Rule
>modifications? Does the explanation below represent an expansion of OCR's
>preexisting role with respect to the rules?
>
>
>Thanks,
>
>
>Steve Giesecke, MBA, FACHE
>Sierra Systems
>
>
>
>
>
>-----Original Message-----
>From: Grant, Peter [mailto:[EMAIL PROTECTED]]
>Sent: Wednesday, June 26, 2002 7:34 AM
>To: '[EMAIL PROTECTED]'
>Subject: OCR's Report to NCVHS Regarding the Status of the Privacy Rule
>
>
>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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>The WEDI SNIP listserv to which you are subscribed is not moderated. The
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