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Draft Preemption Analysis Released

DHSS in coordination with the Office of the Attorney General has released a draft preemption analysis comparing HIPAA regulation to state law. Access the analysis through our new Legal link.

December 4, 2002 Office of Civil Rights (OCR) Releases Privacy Guidance

The HHS’ Office of Civil Rights, has released a guidance document that clarifies and explains policies and key elements of the requirements of the final modified Privacy Rule. The guidance provides a brief explanation of the important provisions of the Privacy Rule and how the Rule works, followed by "Frequently Asked Questions" (FAQ) about that provision. The guidance does not address all of the relevant provisions in the Rule, although OCR anticipates adding segments in the future as it develops guidance on more Privacy Rule standards. OCR will also be adding to the FAQs on an ongoing basis as new questions arise.

HIPAA Enforcement Information Announced

DHHS has announced that the Centers for Medicare and Medicaid Services (CMS) will be the enforcing agency for the HIPAA Transactions and Code Sets standards, while the DHSS Office of Civil Rights (OCR) will be the enforcing agency for the privacy regulations. Enforcement activities will focus on obtaining voluntary compliance through technical assistance. The process will be primarily complaint driven. Read more about the announcement in the HHS Press Release and the Enforcement Facts Sheet. Common questions and answers to enforcement issues are also available.