CMS Office of E-Health Standards and Services Announces 90-Day Period of Enforcement Discretion for Compliance With New HIPAA Transaction Standards

On November 17, 2011, the CMS Office of E-Health Standards and Services (OESS) announced that it would not initiate enforcement action until March 31, 2012, with respect to any HIPAA-covered entity that is not in compliance with the ASC X12 Version 5010. The compliance date for use of these new standards remains January 1, 2012. While enforcement action will not be taken, OESS will continue to accept complaints associated with compliance with Version 5010 transaction standards during the 90-day period beginning January 1, 2012. If requested by OESS, covered entities that are the subject of complaints (known as “filed-against entities”) must produce evidence of either compliance or a good faith effort to become compliant with the new HIPAA standards during the 90-day period.