AMIA Comments on HIPAA Enforcement Interim Rule

AMIA comments on the interim final rule, which amends the enforcement regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to conform to the revisions made pursuant to the Health Information Technology for Economic and Clinical Health Act (HITECH) for which the Secretary may impose a civil monetary penalty (CMP) on a covered entity (CE) for violation of an administrative simplification of HIPAA. AMIA suggests that there needs to be more guidance of the decision-making processes contemplated by the Department, as well as commentary regarding the imposition of minimum and maximum penalties. HHS requests comments on the issues of calculations of when the 30-day cure period begins, unintended consequences, and on its interpretations of Congressional intent.