Insights

HHS Withdraws Proposed Rules Requiring Certification of Compliance with HIPAA Standard Transactions


On Oct. 4, 2017, HHS withdrew the proposed rules requiring certification of compliance with HIPAA Standard Transactions. As background, those rules implemented the PPACA's statutory requirement for health plans to certify compliance with HIPAA's electronic transaction standards and operating rules. Specifically, health plans that are “controlling health plans” (CHPs) had to certify compliance (on behalf of themselves and their sub-health plans) with the standards and operating rules for electronic transactions by obtaining one of two credentials from the Council for Affordable Quality Healthcare Committee (CAQH) on Operating Rules for Information Exchange (CORE).

HHS indicated that they decided to withdraw the January 2014 proposed rule in order to reexamine the issues and explore options and alternatives to comply with the statutory requirements. This withdrawal is likely due to the Trump administration’s commitment to reviewing the rulemaking process.

Although the rule is now withdrawn, it remains to be seen whether HHS will revise it or propose it again in the future. We’ll continue to monitor any developments pertaining to this rule.

Certification of Compliance for Health Plans; Withdrawal »