Do the proposed modifications address sale of PHI?
Yes, the proposed modifications would implement the new restrictions of the HITECH Act with respect to sales of PHI. Among other things, the Rules would require covered entities and business associates to obtain an authorization for any disclosure of PHI in exchange for direct or indirect remuneration. The authorization must state that the disclosure will result in remuneration to the covered entity (and/or business associate). Not surprisingly, the recipient covered entity or business associate could not redisclose that PHI in exchange for remuneration unless it also obtains a valid authorization. The exceptions to this Rule would generally track the statutory language of the HITECH Act. However, HHS has proposed a few exceptions not found in the HITECH Act. HHS proposes an exception for disclosures made for payment for health care to make clear that it does not consider the exchange of PHI to obtain “payment” to be a sale of PHI. HHS also proposed an exception for disclosures of PHI
