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January 23, 2025
The Biden-Harris Administration, through the Department of Health and Human Services (HHS) Office for Civil Rights, issued a Final Rule modifying the HIPAA Privacy Rule to enhance privacy protections for reproductive healthcare. It requires covered entities to obtain a signed attestation when disclosing protected health information (PHI) related to reproductive health, ensuring it is not for prohibited purposes.
CMS has clarified that Medicare Beneficiary and Family Centered-Care Quality Improvement Organizations (BFCC-QIOs), such as Livanta, are exempt from this requirement.
Under Sections 1153 and 1154 of the Social Security Act, QIOs are authorized to access PHI to review the care provided to Medicare beneficiaries. The HIPAA Privacy Rule permits the use and disclosure of PHI without individual authorization when required by law. As such, providers are obligated to furnish requested information for Medicare-related reviews under various statutory and regulatory provisions. Providers do not have the discretion to withhold information related to services eligible for Medicare payment.
For more information about transmitting medical records to Livanta, please visit Livanta's BFCC-QIO website here: https://www.livantaqio.cms.gov/en/Provider/Medical_Records
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