State of Play:
On March 9, the Office of Civil Rights (OCR) extended the comment period for the proposed rule that would make revisions to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to reduce barriers to coordinated care.The Food and Drug Administration (FDA) released its ‘Data Modernization Action Plan’ to develop better data collection practices within the FDA. President Biden released his draft FY22 budget request, which includes $2.1B to the Cybersecurity and Infrastucture Security Agency (CISA) and $8.6B to the Centers for Disease Control and Prevention (CDC). Several states have issued executive orders prohibiting the use of ‘vaccine passports’ in their states. The Biden Administration has stated that they will not develop a federal vaccine passport but will assist in creating standards for privately developed vaccine passports.
- On July 27, the Confidentiality Coalition submitted comments to the National Committee on Vital and Health Statistics (NCVHS) Subcommittee on Standards on their request for comments for their August listening session.
- On July 27, the Confidentiality Coalition sent a letter to the House Committee on Energy and Commerce Subcommittee on Consumer Protection & Commerce for their hearing on, “Transforming the FTC: Legislation to Modernize Consumer Protection.”
- On July 15, Greg Garcia with the Healthcare and Public Health Sector Coordinating Council (HSCC) gave a presentation to the Confidentiality Coalition on cybersecurity challenges in the healthcare sector.
- On June 17, Mark Kazmierczak and Ryan Ritterson with Gryphon Scientific gave a presentation to the Confidentiality Coalition on regulation of health data in China.
- On May 26, the Healthcare Leadership Council and the Confidentiality Coalition held a joint webinar on, “HIPAA: Privacy, Security and New Challenges, Oh My!” Panelists included representatives from AdvaMed, Mayo Clinic and Merck KGaA, Darmstadt, Germany.
- On May 6, the Confidentiality Coalition submitted comments to the Office of Civil Rights (OCR) on the proposed rule to make revisions to the HIPAA Privacy Rule to reduce barriers to coordinated care.
- On May 5, the Confidentiality Coalition sent a letter to the House Committee on Homeland Security Subcommittee on Cybersecurity, Infrasturcture, & Innovation for their hearing on, “Responding to Ransomware: Exploring Policy Solutions to a Cybersecurity Crisis.”
- On April 15, Thomas Millar and Beau Woods with the Cybersecurity and Infrastructure Security Agency (CISA) gave a presentation to the Confidentiality Coalition on how CISA is working with stakeholders to respond to cybersecurity threats during the COVID-19 pandemic.
- On March 18, Elisa Jillson with the Federal Trade Commission (FTC) gave a presentation to the Confidentiality Coalition on FTC’s regulatory outlook for 2021.
- On February 19, Amy Terjal with Avenue Solutions gave a presentation to the Confidentiality Coalition on potential privacy legislation in the 117th Congress.
- On January 7, the Confidentiality Coalition held a walkthrough of OCR’s proposed changes to the HIPAA Privacy Rule.
- On January 4, the Confidentiality Coalition submitted comments to the Centers for Medicare and Medicaid Services (CMS) on their proposed rule on provider burden and promoting interoperability.
- On December 22, the Confidentiality Coalition submitted comments to CMS requesting an extension of the comment period on their proposed rule on provider burden and promoting interoperability.
- On December 15, the Confidentiality Coalition submitted comments to the Food and Drug Administration (FDA) on communicating cybersecurity vulnerabilities to patients.
- On November 19, Sam Segall, Marisa Bass and Adam Landsman with CLEAR gave a presentation to the Confidentiality Coalition on their Health Pass platform.
- On October 26, the Confidentiality Coalition submitted comments to the Federal Communications Commission (FCC) on healthcare exemptions to the Telephone Consumer Privacy Act (TCPA).
- On October 15, Ben Moscovitch, Ashley Ashworth and Molly Murray from The Pew Charitable Trusts gave a presentation to the Confidentiality Coalition on their health information technology survey.
- In September, Alice Leiter, Vice President and Senior Counsel for the eHealth Initiative gave a presentation to the Confidentiality Coalition on their draft consumer privacy framework for health data done with the Center for Democracy and Technology.
- In September, the Confidentiality Coalition submitted comments to the eHealth Initiative on their draft consumer privacy framework for health data done with the Center for Democracy and Technology.
- In August, the Confidentiality Coalition submitted comments to the FTC for their data portability workshop.
- On July 24, the Confidentiality Coalition’s counsel Diane Sacks gave a TCPA Update on legal developments regarding the TCPA.
- On June 18, John Riggi, Senior Advisor for Cybersecurity and Risk Advisory Services with the American Hospital Association (AHA) gave a presentation to Confidentiality Coalition members on cyber and privacy challenges related to COVID-19 responses.
- In June, the Confidentiality Coalition shared a side-by-side comparison of pending legislative bills on COVID-19 contact tracing and the privacy implications of those bills.
- In May, Paul Uhrig with The Commons Project gave a presentation to Confidentiality Coalition on the partnership between CommonHealth and COVIDCheck to digitally monitor COVID-19 treatment and current impact.
- On April 28, the Coalition sent comments to the FDA regarding modernization of the agency’s data strategy
- On April 16, HLC’s Confidentiality Coalition sent a letter to HHS Secretary Alex Azar, CMS Administrator Seema Verma and the U.S. National Coordinator for Health Information Technology, Dr. Don Rucker, requesting an extension of the time period for implementation of the CMS Interoperability and Patient Access Final Rule and the ONC Cures Act “Information Blocking” Final Rule. The rationale for the request was based on members’ inability to implement these rules due to their singular focus on COVID-19 emergency activities.
- In April, the Confidentiality Coalition communicated with ONC and CMS, requesting an extended time period — a minimum of 12 months — for compliance with and enforcement of each requirement specified in the interoperability rules, in light of the COVID-19 pandemic.
- On March 4, the Confidentiality Coalition presented at the Annual HIPAA Summit. “Can the Tension Between Treatment Coordination and Privacy Protection Goals be Harmonized?”
- Members of Confidentiality Coalition met with OCR staff to discuss the Telephone Communications Protection Act (TCPA) and its affect on HIPAA covered entities’ ability to communicate non-marketing health alerts to individuals.
- On March 19, Diane Sacks, counsel to the Confidentiality Coalition, walked members through privacy and security provisions in the final interoperability rules from the HHS Office of the National Coordinator of Health Information Technology (ONC) and the Centers for Medicare and Medicaid (CMS).
- Written testimony from Confidentiality Coalition Chair, Tina Grande to House Committee on Veterans’ Affairs Subcommittee on Technology Modernization hearing “Data Privacy and Portability at VA: Protecting Veterans’ Personal Data.”
- Confidentiality Coalition comments on the House Energy and Commerce Committee’s draft privacy legislation.
- The Confidentiality Coalition met with the Office of Management and Budget to discuss privacy-related concerns with the CMS and ONC interoperability rules.