Rulemaking and Health Information Essay examples

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FgbnjjjjjjGm522 Week 2 Homework

Roopen Patel

7/18/11

Week 2 Homework Help – GM520.

Here is an example to get you started on the Week 2 Homework:

1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)

Department of Health and Human Services- Since I work in the healthcare field and use Electronic Health Records documenting patients medical history, diagnoses, and treatment.

http://www.regulations.gov/#!documentDetail;D=HHS-OCR-2011-0011-0001

2. Describe the proposal/change. (10 points)

A Notice of Proposed Rulemaking concerning the accounting of disclosures requirement under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed rule would give people the right to get a report on who has electronically accessed their protected health information.

The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) is proposing changes to the Privacy Rule, pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act. HITECH is part of the American Recovery and Reinvestment Act of 2009.

People would obtain this information by requesting an access report, which would document the particular persons who electronically accessed and viewed their protected health information. Although “covered entities” are currently required by the HIPAA Security Rule to track access to electronic protected health information, they are not required to share this information with people.

The proposed rule requires an accounting of more detailed information for certain disclosures that are most likely to affect a person’s rights or interests. The proposed changes to the accounting requirements provide information of value to individuals while placing a reasonable burden on covered entities and business associates.

3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)

I am writing to support the proposed regulation because it would make healthcare facilities accountable for my private health information. I believe it will also force them to ensure security of my information and prevent breach. Like one’s credit report, I believe a person’s health information accessibility history should be tracked and report generated upon request.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)

This expires on 8/2/11.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)

I would be able to challenge the validity of the rule in court. An administrative rule can be challenged on several different grounds. The first ground on which to challenge an agency rule is to determine if that rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This is generally applied to formal rulemaking and simply requires the agency to show evidence to support the proposed rule.

b. If the proposal passes, identify and
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