March 27, 2000
The Honorable William Archer
Chairman
Committee on Ways and Means
U.S. House of Representatives
1102 Longworth House Office Building
Washington, D.C. 20515
Dear Mr. Archer:
In compliance with Section 263, Subtitle F of Public Law 104-191, I am pleased to transmit the Third Annual Report to Congress on the Implementation of the Administrative Simplification Provisions of the Health Insurance Portability and Accountability Act (HIPAA). The report covers the period January – December, 1999 and was developed by the National Committee on Vital and Health Statistics (NCVHS), the public advisory committee to the U.S. Department of Health and Human Services on health data, privacy, and health information policy.
The Administrative Simplification provisions of HIPAA require the Secretary of Health and Human Services (HHS) to adopt standards to support electronic interchange for administrative and financial health care transactions. These standards are to include data elements and code sets for those transactions; security standards to protect individually identifiable health information, and unique health identifiers for health care providers, health plans, employers, and individuals for use in the health care system (work on the latter is on hold pending the development of privacy protections). Within 24 months of their adoption, the standards would be required for use by health plans, providers and clearinghouses. Small plans would have another 12 months to comply. The law also includes provisions that outline a process leading to standards for protecting the privacy of health information.
In addition, the statute gives expanded responsibilities to the National Committee on Vital and Health Statistics, including advising the Secretary on health information privacy and on the adoption of health data standards. The Committee is further directed to submit an annual report to Congress on the status of implementation of the Administrative Simplification effort. The third annual report is enclosed.
During the past year, there were significant developments related to HIPAA standards for protecting the privacy of individually identifiable information. Because the HIPAA deadline for Congressional action on health information privacy passed without the enactment of a law, the Secretary issued a proposed rule as required by HIPAA on standards for privacy of individually identifiable health information. A final rule is expected later this year.
Progress also continues in the adoption of the transactions, security and identifier standards required by HIPAA. To date, after extensive consultation with the industry and other interested and affected parties, HHS has published Notices of Proposed Rulemaking for four of the initial standards required by HIPAA, with the first issued in 1998. Issuance of the final rules for these standards is expected in 2000. While progress is evident, because of the complexity of the standards almost two years now have passed since the NPRM stage without the issuance of a final rule.
Consequently, the NCVHS detects a growing industry concern about a loss of momentum. Further delay in issuing final rules for standards raises the possibility that industry resources committed to implementing the HIPAA standards may be diverted to other priorities. Moreover, delays in implementation translate into the loss of economic benefits from Administrative Simplification. Accordingly, the NCVHS reaffirms the importance of the Administrative Simplification initiative and is urging the Secretary Health and Human Services to expedite the publication of the final rules.
In the process of adopting health data standards, HHS has worked closely with the NCVHS, the industry, and the research and public health communities, and the process has been extremely open, collaborative, and productive. The success of the process to date bodes well for the ultimate implementation of these standards. Subsequent annual reports will describe progress on later stages of standards adoption and implementation.
We hope that you will find this third annual report informative and look forward to continued progress on these important issues for the nation’s health system. If you or your staff would like a presentation on any of our past or anticipated activities, please let me know. We are committed to dramatic improvements in health information systems that will enhance the quality of health care, lower costs, and facilitate access to care in the U.S.
Sincerely,
John R. Lumpkin, M.D.
Chairman
Enclosure
Identical letters to:
The Honorable Albert Gore, Jr.
President of the Senate
Washington, D.C. 20510
The Honorable Dennis Hastert
Speaker of the House of Representatives
Washington, D.C. 20515
The Honorable William Roth
Chairman
Committee on Finance
219 Senate Dirksen Office Building
United States Senate
Washington, D.C. 20510
The Honorable James Jeffords
Chairman
Committee on Health, Education, Labor and Pensions
428 Senate Dirksen Office Building
United States Senate
Washington, D.C. 20510
The Honorable Thomas Bliley
Chairman
Committee on Commerce
U.S. House of Representatives
2125 Rayburn House Office Building
Washington, D.C. 20515
The Honorable William Goodling
Chairman
Committee on Education and the Workforce
U.S. House of Representatives
2181 Rayburn House Office Building
Washington, D.C. 20515