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Donna Eden Office of General Counsel, HHS

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Presentation on theme: "Donna Eden Office of General Counsel, HHS"— Presentation transcript:

1 Donna Eden Office of General Counsel, HHS Donna.Eden@hhs.gov
HIPAA Update Donna Eden Office of General Counsel, HHS OGC/HHS

2 Update Issues Transactions modifications Other regulations
Covered entities Clarifications OGC/HHS

3 Transactions Modifications
Modifications published…. 600 + comments received Finals out as soon as possible OGC/HHS

4 Other Regulations Finals in process: NPRMs in preparation: Security
National Provider Identifier NPRMs in preparation: National Payer Identifier Attachments ASCA Waivers and Exclusions Next Transactions modifications OGC/HHS

5 Covered Entity Statute applicable to three groups: Function, not name
Plans Providers Clearinghouses Function, not name Possible to have multiple functions Choice only for PROVIDERS OGC/HHS

6 Covered Entity Questions
Status applicable to all HIPAA regulations Flow charts coming! Hybrid entity status See clarification in Privacy Rule modifications Either component or parent may file ASCA plan OGC/HHS

7 Small Health Plans HIPAA gives one year extension to small health plans for compliance with standards Definition at 45 C.F.R : annual receipts of $5 million or less. Meaning of receipts for ERISA group health plans Fully insured Self-funded Mixed OGC/HHS

8 Small Provider Not initially defined by HIPAA Defined by ASCA
Institutional provider with fewer than 25 FTEs Practitioner with fewer than 10 FTEs Applies ONLY for waiver from ASCA requirement to file Medicare claims electronically after October 16, 2003 Because not needed! Note: terms “provider” and “practitioner” here have their limited Medicare, not broader HIPAA, definitions Still not applicable to broader HIPAA universe; still no exemption for “small providers” from HIPAA requirements OGC/HHS

9 Clarifications More than privacy and transactions
More than Medicare and Medicaid HIPAA and: Financial activities ERISA plans Fraud and abuse FERPA OGC/HHS

10 Questions? New FAQ site: OGC/HHS


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