We have written about the Omnibus Rule ("Rule") on numerous occasions, most recently here and here . However, this month's article will focus less on the specific contents of the Rule and more on the impact it is likely to have on the healthcare industry going forward. The implementation date of the final rule (i.e. September 23, 2013) is fast approaching and yet many within the healthcare industry remain befuddled as to what this implementation date portends.
One thing is certain, the "long slow walk" of rolling out the HITECH Act regulations is mostly over. The Omnibus Rule puts a HITECH "bow and tie" on HHS rule making with final changes to the following four HIPAA rules:
- The Enforcement Rule;
- The Breach Notification Rule;
- The Privacy Rule; and
- The Security Rule.
And with that, HHS' HITECH heavy lifting is over. To be sure, there still remains some consequential rule making on HHS' plate. For example, the methodology for determining who gets audited and how patients will participate in fines generated through their complaints are still as yet undefined. Although more than "mere details," these latter issues do not lie at the heart of the HITECH Act.
