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Department plan

2009/10/03 The guidance provided in this section and those that follow is meant to communicate as clearly as possible the privacy policies contained in the rule. Each section has a short summary of a particular standard in the Privacy Rule, followed by "Frequently Asked Questions" about that provision. In some cases, the guidance identifies areas of the Privacy Rule where a modification or change to the rule is necessary. These areas are summarized below in response to the question "What changes might you make to the final rule?" and discussed in more detail in the subsequent sections of this guidance. We emphasize that this guidance document is only the first of several technical assistance materials that we will issue to provide clarification and help covered entities implement the rule. We anticipate that there will be many questions that will arise on an ongoing basis which we will need to answer in future guidance. In addition, the Department will issue proposed modifications as necessary in one or more rulemakings to ensure that patients' privacy needs are appropriately met. The Department plans to work expeditiously to address these additional questions and propose modifications as necessary.

The Privacy Rule

2009/08/22 When it comes to personal information that moves across hospitals, doctors' offices, insurers or third party payers, and state lines, our country has relied on a patchwork of federal and state laws. Under the current patchwork of laws, personal health information can be distributed - without either notice or consent - for reasons that have nothing to do with a patient's medical treatment or health care reimbursement. Patient information held by a health plan may be passed on to a lender who may then deny the patient's application for a home mortgage or a credit card - or to an employer who may use it in personnel decisions. The Privacy Rule establishes a federal floor of safeguards to protect the confidentiality of medical information. State laws which provide stronger privacy protections will continue to apply over and above the new federal privacy standards.