October 2004

GAO recommends changes in HIPAA

A year after HIPAA privacy requirements established new responsibilities to protect the confidentiality of health information, the General Accounting Office of the federal government is recommending some changes.

According to a report issued by the GAO, “First-year Experiences Under the Federal Privacy Rule,” implementation of the privacy rule went more smoothly than expected, but several areas could be improved.

Specifically mentioned were the requirement to maintain a record of certain disclosures of patient information and the requirement to create business-associate agreements with downstream users of protected health information. GAO also found that patients remain uninformed about their rights to privacy under the rule.

The report recommended that the department of Health and Human Services:

• Require that patients be informed of mandatory disclosures to public health authorities in privacy notices and exempt such disclosures from the accounting requirement; and

• Conduct a public information campaign to improve patients’ awareness of their rights.

HHS noted that it continues to monitor the public’s experience with the accounting provision to determine the need to modify the rule. It also said it has ongoing efforts to educate consumers.

GAO made its recommendations after interviewing a number of healthcare providers, plans and patient-advocate groups.

Source: “First-Year Experiences Under the Federal Privacy Rule,” General Accounting Office, www.gao.gov

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