Request for Public Comment: 60-Day Information Collection: Indian Health Service Forms To Implement the Privacy Rule, 42726-42728 [2023-14017]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Service

[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42726-42728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected] 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: [email protected] 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 www.regulations.gov (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)............................
                                                 ---------------------------------------------------------------
     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