Skip to content
  • About Us
    • Who We Serve
  • Solutions
    • HIPAA for Covered Entities
    • OSHA for Healthcare
    • HIPAA for Business Associates
    • SRA for Covered Entities
    • Abyde Incident Response Program
    • Abyde Reseller Program
  • Resources
  • News
  • Events
  • Partners
  • Contact Us
  • Login
    • HIPAA for Covered Entities
    • OSHA for Healthcare
    • HIPAA for Business Associates
    • SRA for Covered Entities
SIGN UP
BOOK A DEMO

Privacy Rule Proposed Modifications | Public Comments Released

July 8, 2021

Remember those Privacy Rule modifications that the Department of Health and Human Services (HHS) proposed late last year? Well, after adding a 45-day extension on the public comment period back in March, the responses submitted have finally been made available – giving us some additional insight on what we can expect to see when the updates are officially finalized.  

For anyone looking for a light-read while they drink their morning coffee – diving into the official HHS document might not be for you. The proposal included a lengthy list of changes centered around increasing permissible disclosures of protected health information (PHI) and enhancing care coordination and case management. As the healthcare industry has evolved, so have the necessary requirements for protecting data privacy and security – and these modifications address several issues that have become the source of widespread non-compliance over recent years. One of the major areas of focus should come as no surprise considering the initiative that was declared in 2019 to enhance enforcement for patient right of access violations – and the 19 different settlements that have resulted from it so far. So in looking at how the Privacy Rule changes plan to improve this issue, some of the major proposed provisions include:

  • Shortening covered entities required response time from its current 30-day requirement to 15 days.
  • Providing patients with more rights to view their PHI in person with the ability to take notes or pictures. 
  • Reducing the identity verification burden on patients exercising their access rights
  • Clarifying when electronic PHI (ePHI) must be provided to the patient at no cost. 

In addition to addressing patients’ right of access, the proposed modifications also clarify certain definitions and phrasing that oftentimes leads to confusion and misunderstanding by providers and patients. Some of these updates include:

  • Adding definitions for the terms electronic health record (EHR) and personal health application
  • Amending the definition of health care operations to clarify the scope of permitted uses and disclosures
  • Creating an exception to the “minimum necessary” standard 
  • Modifying the content requirements of the Notice of Privacy Practices (NPP) to better clarify patients’ rights with respect to their PHI
  • Expanding the ability of covered entities to disclose PHI in the interest of public health and safety in situations such as seen during COVID-19

While the examples provided are only a snapshot of the full list of proposed modifications, each update follows suit with the evolving environment in the healthcare industry and covers relevant concerns felt by both providers and patients. So much so, that the comment period extension was made due to such a “high degree of public interest” and amounted to a total of 1,391 comments submitted in response to the HHS’s proposal. 

So what can we expect? 

These proposed modifications take into consideration the public comments received on the OCR’s 2018 RFI that requested public input on how HIPAA rules could improve to better “support care coordination and case management and promote value-based care while preserving the privacy and security of PHI.” Each provision is a direct reflection of the key themes identified in the public opinion received back in 2018 and addresses issues like administrative burdens and the need for improving upon patient rights. So although we don’t have a time machine to jump ahead and see what exactly the final rule will entail, we can pretty confidently say that these concerns addressed in the HHS document will continue to be a focus in regulatory amendments and government enforcement. And the high volume of public interest clearly depicts the impact and value that enacting these changes will have on patients and providers.

When will you need to comply 

As far as knowing the what and when of the final ruling – we don’t quite have a definitive answer. But it’s important for all covered entities to be aware and prepared for the expectations of complying with the modified Privacy Rule provisions when they are made official. According to the HHS, “The effective date of a final rule would be 60 days after publication.” Additionally, entities will still have 180 days from that effective date to update or implement policies and procedures to achieve compliance with these new standards. 

So when it comes to the timeframe for when the government will actually start enforcing the new compliance standards, you have 240 days of breathing room once the final rule is published. BUT based on the HHS’s acknowledgment that the impact of adhering to these new guidelines will involve “covered entities actions to re-train their employees on, and adopt policies and procedures to implement, the legal requirements of this proposed rule” we highly recommend taking an ‘early bird gets the worm’ approach for compliance. Having a complete HIPAA program in place along with a full understanding of the potential changes that could be coming your way is the best way to ensure that your patients’ data is best protected and your practice is best prepared for avoiding a HIPAA violation and fine.

RECENT POSTS

  • Dental Practice HIPAA Settlement
    What Every Dental Practice Can Learn From the $140K Shen Smiles Settlement
  • Ambry Phishing Settlement
    $700K HIPAA Settlement: What the Ambry Genetics Phishing Breach Teaches Every Practice
  • Azul Vision Right of Access
    Right of Access Enforcement Hits Eye Care: Inside the Azul Vision Settlement
PrevPreviousAbyde and Smile Source partner to deliver leading HIPAA compliance solutions to private practice dental professionals
NextWhat the Proposed 2022 HHS Budget Says About the Future of HIPAA & CybersecurityNext

Related posts

Dental Practice HIPAA Settlement
Abyde News, Fines, HIPAA

What Every Dental Practice Can Learn From the $140K Shen Smiles Settlement

October 9, 2026 Penelope Schweitzer No comments yet

October 9, 2026 The latest HIPAA penalty doesn’t involve a hospital system or a massive ransomware attack. It involves a practice that probably looks a lot like yours. Dr. Linda Shen is the owner of Shen Smiles, a solo dental practice with one location in Drums, Pennsylvania. It all started with one patient asking for their health records. It ended with a $140,000 penalty and a much closer look at how the practice handled HIPAA. The lesson? Every HIPAA-regulated practice, big or small, can face enforcement. What happened? It’s unclear when the patient first asked for their records, but patient records need to be provided within 30 days from the initial request. In April 2020, the patient’s attorney filed a complaint with the Office for Civil Rights (OCR). The patient had asked for their health records multiple times and never got it. Once OCR started digging, the missed request turned out to be just the beginning. Patient records weren’t properly maintained, staff had never received formal HIPAA Privacy Rule training, and there were no policies for handling patient requests. Dr. Shen admitted that the records were never provided because a former employee had taken them. That’s another violation, this theft is a breach, which means it needed to be reported to the OCR, patients needed to be notified, and given options to protect themselves (such as credit monitoring). These are baseline requirements every Covered Entity is expected to have in place. No compliance framework, like policies and training, means no HIPAA playbook, so when a patient asks for records (or records go missing), staff is unprepared and unaware how to handle the situation. In July 2024, OCR proposed a $140,000 Civil Money Penalty. Dr. Shen appealed, but ultimately settled on the full amount. The Takeaway for Practices Patient access has been an OCR priority for years through its HIPAA Right of Access Initiative. And as this case shows, one complaint is all it takes to open the door to a review of your entire compliance program. Now is the time to ask: Do we have written HIPAA policies our team can find? Do we have a process to answer every record request within 30 days? Can we prove every team member has completed HIPAA training? If any of those gave you pause, now’s the time to fix it, before OCR comes asking. Looking for the first step? Meet with one of our compliance experts to see where you currently stand.

Ambry Phishing Settlement
Abyde News, Fines, HIPAA

$700K HIPAA Settlement: What the Ambry Genetics Phishing Breach Teaches Every Practice

September 21, 2026 Penelope Schweitzer No comments yet

September 21, 2026   The HHS Office for Civil Rights (OCR) has announced its biggest HIPAA settlement of the year, reaching nearly a million dollars.  Ambry, a genetic testing and clinical genomics provider based in Aliso Viejo, California is at the center of this enforcement. A settlement was reached over a 2020 phishing attack that exposed the Protected Health Information (PHI) of more than 225,000 individuals. This settlement is a clear reminder that even large organizations trip up on HIPAA requirements.    What happened In January 2020, an employee email account at Ambry was compromised through a phishing attack.  The breach potentially exposed a wide range of PHI, including names, addresses, dates of birth, Social Security Numbers, financial details, and more. Ambry reported the breach to OCR in March 2020, which kicked off the investigation.    Where OCR found gaps OCR’s investigation identified several HIPAA Security Rule gaps, including: No accurate, thorough risk analysis of risks and vulnerabilities to ePHI No process for cutting off access to ePHI when an employee left or no longer needed access No unique user IDs for tracking who was accessing ePHI systems These are baseline HIPAA requirements that every Covered Entity and Business Associate is expected to have in place.   The settlement terms Ambry paid $700,000 and agreed to a two-year corrective action plan, under which it must: Complete a thorough risk analysis of ePHI confidentiality, integrity, and availability Build and execute a risk management plan addressing what that analysis turns up Review and update Security Rule policies and procedures as needed Implement unique user identification across all ePHI systems Train the whole workforce on those updated policies The takeaway for practices When 90% of healthcare hacks start with a successful phishing attempt, it’s key your team is aware of the role they play to keep data safe. Every practice should ask; Do we know exactly where our ePHI lives and how it moves through our systems? Do we have a current, documented risk analysis? Would we catch it fast if a former employee’s access wasn’t revoked? Looking for the first step of addressing these gaps? Meet with one of our compliance experts to see where you currently stand. 

Azul Vision Right of Access
Abyde News, Fines, HIPAA

Right of Access Enforcement Hits Eye Care: Inside the Azul Vision Settlement

September 1, 2026 Penelope Schweitzer No comments yet

September 1, 2026   The Office for Civil Rights (OCR) announced its 55th settlement under the HIPAA Right of Access Initiative, and this one is a good reminder that “we’ll get to it” is an easy shortcut to a massive financial penalty.   What happened Azul Vision, Inc., a California optometry enterprise healthcare provider, took nearly two years to provide a patient her healthcare records failed to give a patient timely access to her health records. She requested her records in January 2023. She didn’t actually receive them until January 2025, or two years later, and only after OCR opened an investigation following her complaint in April 2023.   The importance of Right of Access The HIPAA Privacy Rule’s Right of Access is straightforward: patients are entitled to their healthcare records within 30 days of a request, with one possible 30-day extension if needed.    The cost Azul Vision agreed to a two-year, OCR-monitored corrective action plan and paid $50,000. The corrective action plan requires the practice to: Review and revise its written policies and procedures for Privacy Rule compliance.  Regularly report to HHS a log of every PHI access request it receives, including when it came in and when it was resolved, Train all workforce members on right of access requirements and the practice’s own procedures.   Practical takeaways Have a documented, assigned process for access requests: not an informal “someone will handle it” arrangement. Track every request against the 30-day (or extended 60-day) clock: If nothing is timestamping requests, nothing is catching the ones that slip. Train staff specifically on right of access: this is a distinct Privacy Rule obligation from general HIPAA awareness, and it’s clearly one OCR is actively enforcing.   The bottom line A single records request that went unanswered turned into a $50,000 penalty, two years of federal monitoring, and a detrimental hit to the organization’s reputation. That’s a steep price for what really comes down to a missing process. If your team can’t answer “what happens the moment a patient asks for their records?” right now, that’s the gap to close before your practice ends up as OCR’s next enforcement case. Want a streamlined way to close your compliance gaps? Meet with an Abyde expert today!

  • Facebook
  • Instagram
  • LinkedIn
  • YouTube
Abyde Logo

1.800.594.0883 | info@abyde.com

Automated HIPAA and OSHA Compliance

Our Reviews

From Our Blog
  • Don’t Get Caught Off Guard: HIPAA Audits are Back!
  • Don’t Be a Statistic: Why OSHA Compliance Matters in Healthcare
  • What Money Doesn’t Cover: The True Price of HIPAA Non-Compliance
  • HIPAA: It’s Not Just a Training – Your Guide to Continuous Compliance
Solutions
  • HIPAA for Covered Entities
  • OSHA for Healthcare
  • HIPAA for Business Associates
  • SRA for Covered Entities
  • Abyde Incident Response Program
  • Abyde Reseller Program
Resources
  • News
  • Events
  • Partners
  • HIPAA Badges
  • OSHA Badges
  • Learning Center
  • Compliance FAQs
Company
  • About Us
  • Who We Serve
  • Pricing
  • Contact Us
  • Newsletter
  • Jobs
  • COPYRIGHT © 2026 ABYDE
  • |

  • TERMS & CONDITIONS
  • |

  • PRIVACY POLICY
  • |

  • SECURITY MEASURES
  • |

  • E-SIGNATURE TERMS