Notice2023-14017
Request for Public Comment: 60-Day Information Collection: Indian Health Service Forms To Implement the Privacy Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 3, 2023
Issuing agencies
Health and Human Services DepartmentIndian Health Service
Abstract
In compliance with the Paperwork Reduction Act of 1995, the Indian Health Service (IHS) invites the general public to comment on the information collection titled, "IHS Forms to Implement the Privacy Rule" Office of Management and Budget (OMB) Control Number 0917-0030. This previously approved information collection project was last published in the Federal Register (84 FR 42935) on August 19, 2019, and allowed 30 days for public comment. No public comment was received in response to the notice. This notice announces the IHS's intent to submit the collection, which expires August 31, 2023, to OMB for approval of an extension with modifications, and to solicit comments on specific aspects of the information collection.
Full Text
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<title>Federal Register, Volume 88 Issue 126 (Monday, July 3, 2023)</title>
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[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42726-42728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14017]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Request for Public Comment: 60-Day Information Collection: Indian
Health Service Forms To Implement the Privacy Rule
AGENCY: Indian Health Service, Department of Health and Human Services.
ACTION: Notice and request for comments. Request for extension of
approval.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Indian Health Service (IHS) invites the general public to comment on
the information collection titled, ``IHS Forms to Implement the Privacy
Rule'' Office of Management and Budget (OMB) Control Number 0917-0030.
This previously approved information collection project was last
published in the Federal Register (84 FR 42935) on August 19, 2019, and
allowed 30 days for public comment. No public comment was received in
response to the notice. This notice announces the IHS's intent to
submit the collection, which expires August 31, 2023, to OMB for
approval of an extension with modifications, and to solicit comments on
specific aspects of the information collection.
DATES: September 1, 2023. Your comments regarding this information
collection are best assured of having full effect if received within 60
days of the date of this publication.
ADDRESSES: Send your written comments, requests for more information on
the collection, or requests to obtain a copy of the data collection
instrument and instructions to Heather McClane, Privacy Officer, by
email at: <a href="/cdn-cgi/l/email-protection#bef6dbdfcad6dbcc90f3ddfdd2dfd0dbfed7d6cd90d9d1c8"><span class="__cf_email__" data-cfemail="e5ad8084918d8097cba886a689848b80a58c8d96cb828a93">[email protected]</span></a> or telephone at (240) 479-8521.
FOR FURTHER INFORMATION CONTACT: To request additional information,
please contact Evonne Bennett, Information Collection Clearance Officer
by email at: <a href="/cdn-cgi/l/email-protection#4104372e2f2f246f03242f2f243535012829326f262e37"><span class="__cf_email__" data-cfemail="9bdeedf4f5f5feb5d9fef5f5feefefdbf2f3e8b5fcf4ed">[email protected]</span></a> or telephone at (240) 472-1996.
SUPPLEMENTARY INFORMATION: The purpose of this notice is to allow 60
days for public comment to be submitted to the IHS. A copy of the
supporting statement is available at <a href="http://www.regulations.gov">www.regulations.gov</a> (see Docket ID
IHS_FRDOC_0001).
Title of Collection: 0917-0030, IHS Forms to Implement the Privacy
Rule (45 CFR parts 160 and 164). Type of Information Collection
Request: Extension of the currently approved information collection,
with modifications 0917-0030, IHS Forms to Implement the Privacy Rule
(45 CFR parts 160 and 164). Form(s): IHS-810, IHS-912-1, IHS-912-2,
IHS-913, IHS-917, IHS-XXX, and IHS-963. Need and Use of Information
Collection: This collection of information is made necessary by the
Department of Health and Human Services Rule entitled ``Standards for
Privacy of Individually Identifiable Health Information'' (Privacy
Rule) (45 CFR parts 160 and 164). The Privacy Rule implements the
privacy requirements of the Administrative Simplification subtitle of
the Health Insurance Portability and Accountability Act (HIPAA) of
1996, creates national standards to protect an individual's personal
health
[[Page 42727]]
information, and gives patients increased access to their medical
records. 45 CFR 164.508, 164.520, 164.522, 164.526, and 164.528 of the
Rule require the collection of information to implement these
protection standards and access requirements. The IHS will use the
following data collection instruments to meet the information
collection requirements contained in the Rule.
(a) 45 CFR 164.508--Authorization for Use or Disclosure of Protected
Health Information (IHS-810)
45 CFR 164.508 requires covered entities to obtain or receive a
valid authorization for its use or disclosure of protected health
information for purposes that are not otherwise authorized or required
by HIPAA (e.g., treatment, payment and healthcare operations). Under
this provision, individuals may initiate a written authorization
permitting covered entities to release their protected health
information to entities of their choosing. The form IHS-810
``Authorization for Use or Disclosure of Protected Health Information''
is used by patients at IHS facilities to document and authorize the
use, disclosure or release of their protected health information from
their medical record to anyone they specify.
(b) 45 CFR 164.520--Acknowledgement of Receipt of the IHS Notice of
Privacy Practices (IHS-XXX)
This provision requires covered entities to provide a Notice of
Privacy Practices to patients and to document compliance with the
notice requirements by retaining copies of written acknowledgments of
the receipt of the notice or documentation of good faith efforts to
obtain written acknowledgment. The IHS developed the form (IHS-XXX)
``Acknowledgement of Receipt of IHS Notice of Privacy Practices'' to
obtain the written acknowledgment of the receipt of the IHS Notice of
Privacy Practices.
(c) 45 CFR 164.522(a)(1)--Request For Restriction(s) (IHS-912-1)
Under the Privacy Rule, an individual can request to restrict the
use of their information with some exceptions. Section 164.522(a)(1)
requires a covered entity to permit individuals to request that the
covered entity restrict certain uses and disclosures of their protected
health information. The covered entity may or may not agree to the
restriction, and it is only required to agree in certain limited
situations. The form IHS-912-1 ``Request for Restrictions(s)'' is used
to document an individual's request for restriction of their protected
health information and whether the IHS agreed or disagreed with the
requested restriction.
(d) 45 CFR 164.522(b)(1)--Request for Confidential Communication by
Alternative Means or Alternate Location (IHS-963)
This provision requires covered entities to permit individuals to
request and must accommodate reasonable requests by individuals to
receive communications of protected health information from the covered
health care provider by alternative means or at alterative locations.
The form IHS-963 ``Request for Confidential Communication By
Alternative Means or Alternate Location'' is used to permit individuals
to request communications by alternative means or locations.
(e) 45 CFR 164.522(a)(2)--Request For Revocation of Restriction(s)
(IHS-912-2)
Section 164.522(a)(2) permits a covered entity to terminate its
agreement to a restriction when the individual agrees to or requests
the termination in writing. The form IHS-912-2 ``Request for Revocation
of Restriction(s)'' is used to document the agency or individual
request to terminate a formerly agreed to restriction regarding the use
and disclosure of protected health information. A previous request to
restrict information may be revoked by the individual or IHS, subject
to the limitations set forth in Sec. 164.522(a)(2).
(f) 45 CFR 164.528 and HHS Privacy Act Regulations, 45 CFR 5b.9(c)--
Request for an Accounting of Disclosures (IHS-913)
These provisions require the IHS, as a covered entity and an agency
within HHS, to permit individuals to request that the IHS provide an
accounting of disclosures of the individual's protected health
information and/or record. The form IHS-913 ``Request for an Accounting
of Disclosures'' is used for the collection of information for the
purpose of processing an accounting of disclosures requested by the
patient and/or personal representative, and to document that request.
(g) 45 CFR 164.526--Request for Correction/Amendment of Protected
Health Information (IHS-917)
This provision requires covered entities to permit an individual to
request that the covered entity amend protected health information. If
the covered entity accepts the requested amendment, in whole or in
part, the covered entity must inform the individual that the request
for an amendment is accepted. If the covered entity denies the
requested amendment, in whole or in part, the covered entity must
provide the individual with a written denial. The form IHS-917
``Request Correction/Amendment of Protected Health Information'' is
used for individuals to submit their request and to document the IHS's
acceptance or denial of a patient's request to correct or amend their
protected health information.
Completed forms used in this collection of information are filed in
the IHS ``Medical, Health and Billing Records,'' a Privacy Act System
of Records. Affected Public: Individuals and households. Type of
Respondents: Individuals. Burden Hours: The table below provides the
following details for this information collection: types of data
collection instruments, estimated number of respondents, number of
responses per respondent, average burden hour per response.
Table--Estimated Annual Burden Hours
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Estimated Average burden
Data collection instruments number of Responses per hour per Total annual
respondents respondent response * burden hours
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``Authorization for Use or Disclosure of 210,954 1 10/60 35,159
Protected Health Information'' (OMB No. 0917-
0030, IHS-810).................................
``Request for Restriction(s)''................. 214 1 10/60 36
(OMB No. 0917-0030, IHS-912-1)..................
``Request for Revocation of Restriction(s)'' 3 1 10/60 .5
(OMB No. 0917-0030, IHS-912-2).................
``Request for Accounting of Disclosures'' (OMB 39 1 10/60 6.5
No. 0917-0030, IHS-913)........................
[[Page 42728]]
``Request for Correction/Amendment of Protected 54 1 10/60 9
Health Information'' (OMB No. 0917-0030, IHS-
917)...........................................
Acknowledgement of Receipt of the Notice of 39 1 10/60 6.5
Privacy Practices Protected Health Information
(IHS-XXX)......................................
``Request for Confidential Communication by 214 1 10/60 36
Alternative Means or Alternate Location'' No.
0917-0030 (IHS-963)............................
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Total Annual Burden........................ 211,303 .............. .............. 35,253.5
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* For ease of understanding, burden hours are provided in actual minutes.
The total estimated burden for this collection of information is
35,253.5 hours.
There are no capital costs, operating costs and/or maintenance
costs to respondents to report.
Requests for Comments: Your written comments and/or suggestions are
invited on one or more of the following points:
(a) Whether the information collection activity is necessary to
carry out an agency function;
(b) Whether the agency processes the information collected in a
useful and timely fashion;
(c) The accuracy of the public burden estimate (the estimated
amount of time needed for individual respondents to provide the
requested information);
(d) Whether the methodology and assumptions used to determine the
estimates are logical;
(e) Ways to enhance the quality, utility, and clarity of the
information being collected; and
(f) ways to minimize the public burden through the use of
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology.
P. Benjamin Smith,
Deputy Director, Indian Health Service.
[FR Doc. 2023-14017 Filed 6-30-23; 8:45 am]
BILLING CODE 4165-16-P
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