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OCR formally responds about HITECH rulemaking

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OCR today issued a “HITECH Act Rulemaking and Implementation Update” on its Web site, confirming it expects to release proposed rules regarding privacy and security provisions of HITECH.

OCR did not say when it will release the rules, but said on its Web site it will release the provisions through will through notice and comment rulemaking.

These provisions include:

  • Business associate liability
  • New limitations on the sale of protected health information, marketing, and fundraising communications
  • Stronger individual rights to access electronic medical records and restrict the disclosure of certain information


  1. Frank Ruelas says:

    These constant reminders by the OCR that guidance is soon to hit the streets is beginning to sound more and more like, “The check is in the mail”.

    My guess is that when all of these regulations were passed, there were so many terms and concepts that were not clearly defined and now the rulemakers are having to go back and clarify that which was loosely described and defined and we probably all have some experience how painstaking of a process this can be.

    Looks like for now all we can do is…”Stay tuned.”


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