Premier Provides Input on Modifying HIPAA Rule to Promote Value-based Care

Premier submitted comments today in response to the HHS Office of Civil Rights (OCR)’s request for information (RFI) on ways to modify the Health Insurance Portability and Accountability Act (HIPAA) rules to promote value-based care and improve care coordination.

Premier focused its comments on areas of HIPAA that should be modernized to adapt to the rapid evolution of healthcare delivery and rise in value-based care, as well as provisions that should be maintained to protect patients’ privacy and healthcare providers’ ability to appropriately use and share data. Among other recommendations, Premier urged OCR to:

• Reform 42 CFR Part 2 regulations to make substance use data more readily available to providers who are already subject to HIPAA patient privacy protection regulations;
• Continue to require clearinghouses to have business associate agreements with covered entities. Healthcare clearinghouses should not be provided rights to use and disclose PHI beyond those given to covered entities; and
• Not provide patients an “opt-out” from disclosures between covered entities, as this would result in additional administrative burdens for providers, likely require new technologies or functions, and be costly for covered entities.

Please feel free to contact Meryl Bloomrosen at Meryl_bloomrosen@premierinc.com with any comments or questions.