Kilpatrick Townsend

HIPAA Electronic Certification Rules Withdrawn

Proposed rules issued January 2, 2014 would have required certain health plans (including self-insured health plans) to certify compliance with three of the HIPAA rules relating to electronic transactions. These certification requirements were viewed as fairly onerous, particularly for self-insured plans that rely on their third party administrators for such transactions. More specifically, these rules would have required controlling health plans to demonstrate compliance with the electronic standard transactions related to eligibility for the health plan, health care claims status and health care electronic fund transfers (such as payment) and remittance advice (such as EOBs). Penalties would have been assessed for failing to certify compliance.

In a Federal Register notice, the above proposed rules requiring certification of compliance were withdrawn last week.  Compliance with the standard transaction rules continues to be required.