Technical Corrections
to the
Standards for Privacy
of Individually Identifiable Health Information
Published December 28, 2000
12/29/2000
SUMMARY: These technical corrections address changes
that inadvertently were excluded from the preamble of
the Standards for Privacy of Individually Identifiable
Health Information published December 28, 2000.
DATES: The effective date of these changes is February
26, 2001, the same as the effective date of the Standards
for Privacy of Individually Identifiable Health Information
published December 28, 2000.
FOR FURTHER INFORMATION CONTACT: Kimberly
Coleman, 1-866-OCR-PRIV (1-866- 627-7748) or TTY 1-866-788-4989.
Technical Corrections
Correction 1: In the section-by-section description
of the rule provisions, under the description of section
164.510(a)-Use and Disclosure
for Facility Directories, paragraphs seven and eight
beginning "We believe that allowing clergy...,"
and "More specifically,...," are deleted and
replaced with the following:
We believe that allowing clergy access to patient information
pursuant to this section does not violate the Establishment
Clause because the exemption from the final rule's authorization
requirement for disclosure to clergy of the specified
protected health information is a permissible religious
accommodation. The purpose and effect of this provision
is to alleviate significant governmental interference
with the exercise of religion, and we anticipate that
the exemption would rarely, if ever, impose any significant
burdens on patients or other individuals.
Without this exemption, covered entities would have
to obtain authorizations before disclosing the limited
protected health information to clergy, thereby making
is more difficult than it commonly has been for clergy
to provide services to patients. Accordingly, the clergy
exemption permitting limited disclosure of protected
health information in the circumstances noted above
is "rationally related to the legitimate purpose
of alleviating significant governmental interference
with the ability of religious organizations to define
and carry out their religious missions." Corporation
of the Presiding Bishop of Jesus Christ of Latter-Day
Saints v. Amos, 483 U.S. 327, 339 (1987). Moreover,
in certain cases the clergy exemption might also alleviate
significant governmental interference with patients'
religious exercise that the final rule's authorization
requirement otherwise would impose-for example, by eliminating
delay that might inhibit the ability of a patient to
obtain sacraments provided during last rights.
Correction 2: In the section-by-section discussion
of comments, under the discussion of section 164.534-EFFECTIVE
DATE AND COMPLIANCE DATE, the last sentence of the second
paragraph should be replaced with the following language.
Although the regulation is effective as of 60 days from
publication in the Federal Register, section 1175 of
HIPAA makes clear that no covered entity shall be required
to comply with any standard or implementation specification
for 24 months (or 36 months for small health plans).
We will not enforce the regulation prior to those dates,
and the regulation's provisions will not preempt or
otherwise alter state or other law prior to those dates.
A covered entity may, or course, voluntarily implement
policies that would comply with the regulation prior
to those dates, but the regulation itself will neither
compel disclosure nor provide a basis to refuse disclosure.
We intend, therefore, for all of the provisions of the
rule to come into force in 24 months (or 36 months for
small health plans).
Dated: December 27, 2000.
LaVerne Burton,
Executive Secretary.
[FR Doc. 00-33444 Filed 12-27-00; 1:33 pm] BILLING CODE
4150-04-M
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