HHS Issues Important Notice That It Will Not Enforce Certain Fee Limitations on Individuals’ Requests to Transmit Health Records to Third Parties

On January 28, 2020, the Department of Health and Human Services (“HHS”) issued an announcement of financial importance to covered entities and business associates that produce copies of medical records to patients and third parties. HHS announced that it would not enforce the fee limitation described in HHS’s 2016 regulation at 45 C.F.R. § 164.524(c)(4) that applied to individuals’ requests for transmission of their Protected Health Information (“PHI”) to third parties. HHS also reported that a federal court vacated the expanded “Third-Party Directive” described in HHS’s 2013 final rule, called “Modifications to the HIPAA Privacy, Security, and Enforcement Rules Under the Health Information Technology for Economic and Clinical Health Act, and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules,” 78 Fed. Reg. 5,566 (Jan. 25, 2013) (“Omnibus Rule”).

Source: https://www.jdsupra.com/legalnews/hhs-issues-important-notice-that-it-94787/