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Tags Posts tagged with "HIPAA Compliance"

HIPAA Compliance

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The Office of Mental Health and Substance Abuse Services (OMHSAS) has released the proposed Mental Health Procedures regulations, which are open for public comment. The posting on the Independent Regulatory Review Commission (IRRC) website can be found here.

The proposed regulations are to be in compliance with Act 32 of 2022. OMHSAS is choosing to go beyond the updates required by Act 32 and is doing a full alignment of the chapter with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to increase the clarity of the regulations for stakeholders.

Starting December 6, 2025, and closing January 5, 2026, the public may submit written comments regarding the proposed rulemaking to the Department via email. Please be aware that all public comments must be published verbatim on the IRRC website with the name of the commenter included. OMHSAS fully supports and encourages individuals with lived experience to comment on the regulation. However, please ensure you are comfortable with the content of your comment being made public, with your name attached to it.

RCPA has conducted an internal review of the proposed regulations and is seeking member feedback and comments to be included in our submission. Members are encouraged to review and provide recommendation and guidance on the impacts of the proposed regulations on your organization.  Agencies may submit separately or in conjunction with RCPA.

Comments may also be submitted to RCPA COO and Mental Health Policy Director Jim Sharp by January 2, 2026, OR to the following address:

Department of Human Services
OMHSAS – Bureau of Policy, Planning, and Program Development,
Attention: BPPPD
Commonwealth Tower, 11th Floor
303 Walnut Street
Harrisburg, Pennsylvania 17105

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As the Federal Public Health Emergency (PHE) ends on May 11, there are several areas under this declaration, including the suspension of HIPAA enforcement, that will revert to the previous compliance standards.

As the PHE ends, the Office of Civil Rights (OCR) is providing a 90-calendar day transition period for covered health care providers to come into compliance with the HIPAA Rules with respect to their provision of telehealth. This transition period will be in effect beginning on May 12, 2023, and will expire at 11:59 pm on August 9, 2023. The Department of Health and Human Services has released this notice.

The RCPA Telehealth Work Group will be meeting June 27, 2023 and is looking to have OMHSAS on the call to provide guidance on processes and auditing functions after the transition dates. If you have any questions, please contact RCPA Policy Director Jim Sharp. As this is a federal notice, questions related to this announcement should be directed to Marissa Gordon-Nguyen at 202-619–0403 or 800-537–7697 (TDD).

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