HHS Publishes Model HIPAA Notice of Privacy Practices
On September 13, HHS published model notices of privacy practices that healthcare providers and health plans may use to comply with their obligations under the HIPAA privacy rules. The model notices along with instructions are available for download at http://www.hhs.gov/ocr/privacy/hipaa/modelnotices.html.
The model notices contain changes mandated by the HIPAA omnibus rules. HHS has provided model notices for both health care providers and health plans. In each case, HHS has provided different templates; the content is essentially the same, but the formatting varies. Providers and plans wishing to use the forms may input their additional information according to the instructions.
Providers and plans are not required to use the model forms. Indeed, covered entities may prefer to use the notices they have already developed rather than create and distribute new forms. Among other reasons, HHS's model forms are fairly lengthy and emphasize patient rights. Covered entities may opt for their own forms that track regulatory requirements but may not be as prone to emphasize or engender the active exercise of certain individual rights or trigger corresponding obligations. For more information about regulatory requirements for HIPAA notices and a checklist for compliance, see our recent Health Law Update.
For questions regarding this update, please contact
Kim C. Stanger
Holland & Hart, U.S. Bank Plaza, 101 S. Capitol Boulevard, Suite 1400, Boise, ID 83702-7714
email: kcstanger@hollandhart.com, phone: 208-383-3913
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This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.