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February 2003

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Subject:
From:
Peter Harrington <[log in to unmask]>
Reply To:
Hipaa Project <[log in to unmask]>
Date:
Thu, 13 Feb 2003 14:34:54 -0500
Content-Type:
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The Final HIPAA Security Rule is out (the unofficial version of it at
least). The official version will be published next week (2/20). For those
of you interested in reading it, and being one of the first to do so, go to
the link below. Peter

----- Original Message -----
From: <[log in to unmask]>
To: "Health Information and Technology List" <[log in to unmask]>
Sent: Thursday, February 13, 2003 10:55 AM
Subject: [hit] RE: Security Rule Out Feb. 20


> You can access the final security rule at the following link
>
> http://www.cms.gov/regulations/hipaa/cms0003-5/0049f-econ-ofr-2-12-03.pdf
>
> Ralph L. Glover II
> Michael Best & Friedrich, LLC
> 401 North Michigan Ave.
> Suite 1900
> Chicago, Illinois 60611
> 312.222.6689 (direct dial)
> 312.222.0818 (fax)
> [log in to unmask]
> http://www.mbf-law.com
>
>
> -----Original Message-----
> From: Robert Q. Wilson [mailto:[log in to unmask]]
> Sent: Thursday, February 13, 2003 9:31 AM
> To: Health Information and Technology List
> Subject: [hit] RE: Security Rule Out Feb. 20
>
>
> Dennis:
>
> Thanks for the date.
>
> I am forwarding the CMS press release we received this morning that has
some
> additional info.  I guess we can wait another week (unless there is a
> pre-release).
>
> Best regards,
> Robert Q. Wilson
> The Bogatin Law Firm, PLC
> Memphis, TN
> _________________________________
> Subject: HHS RELEASE--HIPAA REGULATIONS
>
> Date:  February 13, 2003
> For Release:  Immediately
> Contact: CMS Press Office
> (202) 690-6145
>
> Headline:  HHS ADOPTS FINAL SECURITY STANDARDS, TRANSACTION MODIFICATIONS
> FOR ELECTRONIC HEALTH INFORMATION UNDER HIPAA
>
> HHS Secretary Tommy G. Thompson today announced the adoption of final
> security standards for protecting individually identifiable health
> information when it is maintained or transmitted electronically.  At the
> same time, he also announced the adoption of modifications to a number of
> the electronic transactions and code sets adopted as national standards.
>
> Both final regulations are required as part of the administrative
> simplification provisions included in the Health Insurance Portability and
> Accountability Act of 1996 (HIPAA).
>
> "Overall, these national standards required under HIPAA will make it
easier
> and less costly for the health care industry to process health claims and
> handle other transactions while assuring patients that their information
> will remain secure and confidential," Secretary Thompson said.  "The
> security standards in particular will help safeguard confidential health
> information as the industry increasingly relies on computers for
processing
> health care transactions."
>
> Under the security standards announced today, health insurers, certain
> health care providers and health care clearinghouses must establish
> procedures and mechanisms to protect the confidentiality, integrity and
> availability of electronic protected health information.  The rule
requires
> covered entities to implement administrative, physical and technical
> safeguards to protect electronic protected health information in their
care.
>
> The security standards work in concert with the final privacy standards
> adopted by HHS last year and scheduled to take effect for most covered
> entities on April 14.  The two sets of standards use many of the same
terms
> and definitions in order to make it easier for covered entities to comply.
>
> "We took great care to address every detail and produce a rule that health
> care providers will find easy to understand and implement," said Tom
Scully,
> administrator of HHS' Centers for Medicare & Medicaid Services (CMS).
>
> The security standards will be published as a final rule in the Feb. 20
> Federal Register with an effective date of April 21, 2003.   Most covered
> entities will have two full years -- until April 21, 2005 -- to comply
with
> the standards; small health plans will have an additional year to comply,
as
> HIPAA requires.
>
> In a separate final regulation, HHS adopted modifications to the
transaction
> standards, which health plans, certain health care providers and health
care
> clearinghouses by law must use for electronic health care transactions.
> Covered entities must comply with these modified transaction standards by
> Oct. 16, 2003.
>
> The final transaction modifications rule, which will also be published in
> the Federal Register on Feb. 20, combines two proposed rules published May
> 31, 2002.   HHS worked extensively with the Designated Standards
Maintenance
> Organizations (DSMOs) to revise the proposed changes to the standards, as
> required by Congress as part of HIPAA.
>
> Major provisions of the final rule include:
>
>        Repealing the National Drug Code (NDC) as the standard medical
data
> code set for reporting drugs and biologics in all non-retail pharmacy
> transactions.
>        Adopting the proposed Addenda to the implementation guides with
some
> technical revisions based upon comments received and consultation with the
> DSMOs.
>        For retail pharmacy transactions:
> o       Adopting the National Council for Prescription Drug Programs
(NCPDP)
> Batch Version 1.1 to support the Telecommunications Version 5.1.
> o       Adopting the Accredited Standards Committee (ASC) X12N 835 as the
> standard for payment and remittance advice and the NCPDP
Telecommunications
> Version 5.1 and NCPDP Batch Version 1.1. Implementation Guides as the
> standard for the referral certification and authorization transaction.
> o       Continuing the use of the NDC code set for the reporting of drugs
> and biologics.
>
> The rule also adopts modified standards for two transactions that were not
> included in the proposed rules -- premium payments, and coordination of
> benefits.  The modifications were approved by the DMSOs and merely provide
> explanatory guidance.
>
> CMS is responsible for implementing and enforcing the security standards,
> the transactions standards and other HIPAA administrative simplification
> provisions, except for the privacy standards.  HHS' Office for Civil
Rights
> is responsible for implementing and enforcing the privacy rule.
>
> The complete text of both final rules will be available at the CMS website
> at http://www.cms.hhs.gov/hipaa/hipaa2.  The full text of the Addenda to
the
> transaction modifications rule will be available at
> http://hipaa.wpc-edi.com/HIPAAAddenda_40.asp.
>
> More information about HIPAA standards is available at
> http://www.cms.hhs.gov/hipaa and http://www.aspe.hhs.gov/admnsimp/.  A
fact
> sheet summarizing the administrative simplification standards required by
> HIPAA is available at http://www.hhs.gov/news/press/2002pres/hipaa.html.
>
> ###
>
>
> Note: All HHS press releases, fact sheets and other press materials are
> available at www.hhs.gov/news
> -----Original Message-----
> From: Health Information Privacy Alert [mailto:[log in to unmask]]
> Sent: Thursday, February 13, 2003 9:24 AM
> To: Health Information and Technology List
> Subject: [hit] Security Rule Out Feb. 20
>
>
> HHS will issue its final HIPAA security regulation and its addendum to the
> transaction standards on Feb. 20, according to HHS's listings in the
> National Archives and Records Administration(NARA)schedule for publishing
> the Federal Register. NARA is responsible for publishing the Federal
> Register, which is the vehicle through which the federal government
formally
> issues regulations and regulatory proposals.
>
> Dennis Melamed
> Editor
> Health Information Privacy Alert
>
>
>
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> --------------------------------------------------
> Sponsored by Practical Guidance on HIPAA Preemption of State Laws:
Analytical Framework and Preemption Methodology
> Go to <http://www.healthlawyers.org/pdeml.cfm?i=24781> An essential
publication from American Health Lawyers Association
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