Health Plan Strategies for Using Predictive Modeling in Underwriting


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AIS Side-by-Side Comparison of March 27 Proposed Modifications to Existing
HIPAA Regulatory Language

Disclosures for TPO of Another Entity

HHS Fact Sheet

Disclosures for Treatment, Payment, or Health Care Operations of Another Entity -- The proposal would clarify that covered entities can disclose protected health information for the treatment, payment and certain health care activities of another covered entity or health care provider. The proposal would carefully limit the expansion of sharing of information for health care operations to protect the privacy expectations of individuals. See proposed §164.506(c).

Preamble Discussion: 67 Federal Register, pp. 14781, 14782

AIS Regulatory Comparison

Provisions Affected: §164.506(c)

How to Read the Table

Proposed changes from the March 27, 2002 Federal Register are in the left column
Existing language, from the December 28, 2000 final rule, is in the right column. The legend for changes is as follows:

Legend
Bold underlined text = proposed revision.
Red text (or within a clause red text with strikethrough) = language proposed for deletion or revision.
[Bracketed text] = editor's note to change.
Regular text = Unchanged existing language

§ 164.506 Use and disclosures to carry out treatment, payment, or health care operations

Proposed Revisions, Federal Register, 3/27/2002

Existing Language, Final Rule, 12/28/2000

§ 164.506 Use and disclosures to carry out treatment, payment, or health care operations.

§ 164.506 Consent for uses or disclosures to carry out treatment, payment, or health care operations.

[See AIS Side-By-Side, "Consent" for (a) and (b)]

[§ 164.506, Consent for uses or disclosures to carry out treatment, payment, or health care operations, deleted in its entirety]

(c) Implementation specifications: Treatment, payment, or health care operations.

(1) A covered entity may use or disclose protected health information for its own treatment, payment, or health care operations.

(2) A covered entity may disclose protected health information for treatment activities of another health care provider.

(3) A covered entity may disclose protected health information to another covered entity or health care provider for the payment activities of the entity that receives the information.

(4) A covered entity may disclose protected health information to another covered entity for health care operations activities of the entity that receives the information, if both entities have a relationship with the individual who is the subject of the protected health information being requested, and the disclosure is:

(i) For a purpose listed in paragraph (1) or (2) of the definition of health care operations; or

(ii) For the purpose of health care fraud and abuse detection or compliance.

(5) A covered entity that participates in an organized health care arrangement may disclose protected health information about an individual to another covered entity that participates in the organized health care arrangement for any health care operations activities of the organized health care arrangement.

 [new provisions]

Back to the Proposed Modifications
To HIPAA Privacy Rule Page

 



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