Challenges Mount as Compliance Dates Near - Brief Article

Health Management Technology, Oct, 2001

The closer healthcare gets to the first HIPAA compliance date, the taller the hurdles.

The Association of American Physicians and Surgeons filed suit in August with the U.S. District Court in Houston, claiming the legislation violates the Fourth Amendment by allowing access to records without a warrant, and violates the Commerce Clause by regulating purely intrastate--as opposed to interstate--activities by physicians. The group also claims the legislation violates the federal Paperwork Reduction Act.

Also in August, 14 groups representing medical researchers sent a letter to Health and Human Services (HHS) Secretary Tommy Thompson urging modifications of the final privacy regulations before implementation. The groups, including the Advanced Medical Technology Association and the American Medical Group Association, ask for modifications they had recommended earlier in this year.

The groups contend that HIPAA, unless substantially rewritten, will impair their ability to conduct clinical trials, because the waivers required by HIPAA will not work within the timeframe required by these trials.