Homepage Close This Window
Proposed Privacy Rule Not to be Published Until Early 2002
(November 21, 2001) Legislation in the U.S. House to delay the compliance date of the HIPAA final transactions and codes sets rule by one year has received support from influential House members. In addition, a new push in the Senate soon could result in action on similar legislation. The existing compliance date is Oct. 16, 2002.

Rep. David Hobson (R-Ohio), the sponsor of legislation that became the HIPAA administrative simplification provisions, sponsors the new delay bill, H.R. 3323. Four leaders of the House Ways & Means Committee--who on Oct. 3 wrote a letter to all House members strongly criticizing HIPAA delay efforts--are co-sponsors of Hobsons bill. The leaders are Reps. William Thomas (R-Calif.), committee chair; Charles Rangel (D-N.Y.), ranking member; Nancy Johnson (R-Conn.), health subcommittee chair; and Pete Stark (D-Calif.), health subcommittee vice-chair. The bill was referred to the Ways & Means and Energy & Commerce committees.

Hobson’s bill delays the transactions rule compliance date by one year, to Oct. 16, 2003, for covered entities that submit a plan to the Department of Health and Human Services detailing how they will come into compliance by the new date. Covered entities that do not submit a plan and are not compliant by Oct. 16, 2002, would face exclusion from the Medicare program, under the bill. It is unclear if HHS would accept such a regulatory burden and some sources indicate the bill could be stripped of the plan language, becoming a straight delay for all covered entities.

Senate staffers expected the chamber to act before Thanksgiving on legislation extending the transactions rule compliance date by one year, but the bills were not considered. The bills, similar to each other, are S. 1588 and S. 1684. Congress returns after the Thanksgiving recess on Nov. 27.

The American Hospital Association does not support the House or Senate bills and is “actively considering” whether to oppose their movement through Congress, according to a spokesperson.