[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42935-42936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17761]
[[Page 42935]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Request for Public Comment: 30-Day Information Collection: Indian
Health Service Forms To Implement the Privacy Rule
AGENCY: Indian Health Service, HHS.
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 19088) on May 3, 2019, and
allowed 60 days for public comment. One public comment was received in
response to the notice. The comment was not pertinent to the collection
itself. The purpose of this notice is to allow 30 days for public
comment to be submitted directly to OMB. A copy of the supporting
statement is available at www.regulations.gov (see Docket ID
IHS_FRDOC_0001).
DATES: September 18, 2019. Your comments regarding this information
collection are best assured of having full effect if received within 30
days of the date of this publication.
ADDRESSES: Direct your comments to OMB: Send your comments and
suggestions regarding the proposed information collection contained in
this notice, especially regarding the estimated public burden and
associated response time to: Office of Management and Budget, Office of
Regulatory Affairs, New Executive Office Building, Room 10235,
Washington, DC 20503, Attention: Desk Officer for IHS.
FOR FURTHER INFORMATION CONTACT: To request additional information,
please contact Evonne Bennett by one of the following methods:
Mail: Evonne Bennett, Information Collection Clearance
Officer, Indian Health Service, 5600 Fisher Lane, Mail stop: 09E47,
Rockville, MD 20857.
Phone: 301-443-4750.
Email: [email protected].
SUPPLEMENTARY INFORMATION: Title of Collection: 0917-0030, IHS Forms to
Implement the Privacy Rule (45 CFR parts 160 & 164). Type of
Information Collection Request: Extension of the currently approved
information collection, 0917-0030, IHS Forms to Implement the Privacy
Rule (45 CFR parts 160 & 164). Form(s): IHS-810, IHS-912-1, IHS-912-2,
IHS-913, and IHS-917. 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 of 1996, creates
national standards to protect individual's personal health information,
and gives patients increased access to their medical records. 45 CFR
164.508, 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 continue to use the following data
collection instruments to meet the information collection requirements
contained in the Rule.
45 CFR 164.508: This provision generally requires covered entities
to obtain or receive a valid authorization for its use or disclosure of
protected health information, unless otherwise permitted or required by
the Privacy Rule. (See, e.g., 45 CFR 164.506 for a common exception to
this general rule, which involves uses and disclosure for treatment,
payment, or healthcare operations.) 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 to document an individual's authorization to use or disclose
their protected health information.
45 CFR 164.522: Section 164.522(a)(1) requires a covered entity to
permit individuals to request that the covered entity restrict the use
and disclosure of their protected health information. The covered
entity may or may not agree to the restriction, and with a limited
exception, a covered entity is not required to agree to a requested
restriction. 45 CFR 164.522(a)(1)(vi). 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 restriction. Section 164.522(a)(2) permits
a covered entity to terminate its agreement to a restriction under
certain conditions. For example, termination may occur if the
individual agrees to or requests the termination in writing. 45 CFR
164.522(a)(2)(i). The form IHS-912-2 ``Request for Revocation of
Restriction(s)'' is used to document the individual's request, the
individual's agreement, and/or the agency's decision to terminate a
formerly agreed to restriction regarding the use and disclosure of
protected health information.
45 CFR 164.528: This provision requires covered entities to provide
an accounting of certain disclosures of protected health information
made by the covered entity. See also, 45 CFR 5b.9(c). The form IHS-913
``Request for an Accounting of Disclosures'' is used to document an
individual's request for an accounting of disclosures of their
protected health information and the agency's handling of the request.
45 CFR 164.526: Under this provision, individuals have a right to
amend protected health information or a record about the individual in
a designated record set, under certain conditions. 45 CFR 164.526(a).
This provision further requires covered entities to permit an
individual to request that the covered entity amend protected health
information. 45 CFR 164.526(b). The covered entity must inform the
individual if the covered entity accepts the requested amendment, in
whole or in part. The covered entity must provide the individual with a
written denial containing certain information if the covered entity
denies the requested amendment, in whole or in part. 45 CFR
164.526(d)(1). The form IHS-917 ``Request for Correction/Amendment of
Protected Health Information'' will be used to document an individual's
request to amend his/her protected health information and the agency's
decision to accept or deny the request.
Completed forms used in this collection of information are filed in
the IHS medical, health and billing record, a Privacy Act System of
Records Notice. Affected Public: Individuals and households. Type of
Respondents: Individuals. Burden Hours: The table below provides for
this information collection: Types of data collection instruments,
estimated number of respondents, number of responses per respondent,
average burden hour per response, and total annual burden hour(s).
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Number of Average burden
Data collection instrument Number of responses per hour per Total annual
respondents respondent response * burden hours
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Authorization for Use or Disclosure of Protected 210,954 1 10/60 35,159
Health Information (OMB Form No. 0917-0030, IHS-
810)...........................................
Request for Restriction(s) (OMB Form No. 0917- 214 1 10/60 36
0030, IHS-912-1)...............................
Request for Revocation of Restriction(s) (OMB 3 1 10/60 .5
Form No. 0917-0030, IHS-912-2).................
Request for Accounting of Disclosures (OMB Form 39 1 10/60 6.5
No. 0917-0030, IHS-913)........................
Request for Correction/Amendment of Protected 54 1 10/60 9
Health Information (OMB Form No. 0917-0030, IHS-
917)...........................................
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Total Annual Burden......................... 211,264 .............. .............. 35,211
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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
35,211 hours.
There are no capital costs, operating costs and/or maintenance
costs to respondents.
Chris Buchanan,
RADM, Assistant Surgeon General, U.S. Public Health Service, Deputy
Director, Indian Health Service.
[FR Doc. 2019-17761 Filed 8-16-19; 8:45 am]
BILLING CODE 4165-16-P