[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Page 82944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33444]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

45 CFR Parts 160 and 164

RIN 0991-AB08


Technical Corrections to the Standards for Privacy of 
Individually Identifiable Health Information Published December 28, 
2000

AGENCY: Office of the Assistant Secretary for Planning and Evaluation, 
DHHS.

ACTION: Technical corrections to final rule.

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SUMMARY: These technical corrections address changes that inadvertently 
were excluded from the preamble of the Standards for Privacy of 
Individually Identifiable Health Information published December 28, 
2000.

DATES: The effective date of these changes is February 26, 2001, the 
same as the effective date of the Standards for Privacy of Individually 
Identifiable Health Information published December 28, 2000.

FOR FURTHER INFORMATION CONTACT: Kimberly Coleman, 1-866-OCR-PRIV (1-
866-627-7748) or TTY 1-866-788-4989.

Technical Corrections

    Correction 1: In the section-by-section description of the rule 
provisions, under the description of section 164.510(a)--Use and 
Disclosure for Facility Directories, paragraphs seven and eight 
beginning ``We believe that allowing clergy . . .,'' and ``More 
specifically, . . .,'' are deleted and replaced with the following:
    We believe that allowing clergy access to patient information 
pursuant to this section does not violate the Establishment Clause 
because the exemption from the final rule's authorization requirement 
for disclosure to clergy of the specified protected health information 
is a permissible religious accommodation. The purpose and effect of 
this provision is to alleviate significant governmental interference 
with the exercise of religion, and we anticipate that the exemption 
would rarely, if ever, impose any significant burdens on patients or 
other individuals.
    Without this exemption, covered entities would have to obtain 
authorizations before disclosing the limited protected health 
information to clergy, thereby making is more difficult than it 
commonly has been for clergy to provide services to patients. 
Accordingly, the clergy exemption permitting limited disclosure of 
protected health information in the circumstances noted above is 
``rationally related to the legitimate purpose of alleviating 
significant governmental interference with the ability of religious 
organizations to define and carry out their religious missions.'' 
Corporation of the Presiding Bishop of Jesus Christ of Latter-Day 
Saints v. Amos, 483 U.S. 327, 339 (1987). Moreover, in certain cases 
the clergy exemption might also alleviate significant governmental 
interference with patients' religious exercise that the final rule's 
authorization requirement otherwise would impose--for example, by 
eliminating delay that might inhibit the ability of a patient to obtain 
sacraments provided during last rights.
    Correction 2: In the section-by-section discussion of comments, 
under the discussion of section 164.534--EFFECTIVE DATE AND COMPLIANCE 
DATE, the last sentence of the second paragraph should be replaced with 
the following language. Although the regulation is effective as of 60 
days from publication in the Federal Register, section 1175 of HIPAA 
makes clear that no covered entity shall be required to comply with any 
standard or implementation specification for 24 months (or 36 months 
for small health plans). We will not enforce the regulation prior to 
those dates, and the regulation's provisions will not preempt or 
otherwise alter state or other law prior to those dates. A covered 
entity may, or course, voluntarily implement policies that would comply 
with the regulation prior to those dates, but the regulation itself 
will neither compel disclosure nor provide a basis to refuse 
disclosure. We intend, therefore, for all of the provisions of the rule 
to come into force in 24 months (or 36 months for small health plans).

    Dated: December 27, 2000.
LaVerne Burton,
Executive Secretary.
[FR Doc. 00-33444 Filed 12-27-00; 1:33 pm]
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