Contributed by Lee Kim

412.594.3915, lkim@tuckerlaw.com

The US Department of Health and Human Services ("HHS") is withdrawing the breach notification final rule under HITECH from OMB review to allow for further consideration, given the Department’s experience to date in administering the regulations.  This is in response to the public comments received in light of the Interim Final Rule for Breach Notification for Unsecured Protected Health Information ("PHI") issued pursuant to the HITECH Act.

HHS has stated in its announcement on the topic that it intends to publish a final rule in the Federal Register in the coming months.