Office of the Secretary September 14, 2011 – Federal Register Recent Federal Regulation Documents

This proposed rule would amend the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations to specify that, upon a patient's request, the laboratory may provide access to completed test reports that, using the laboratory's authentication process, can be identified as belonging to that patient. Subject to conforming amendments, the proposed rule would retain the existing provisions that provide for release of test reports to authorized persons and, if applicable, the individuals (or their personal representative) responsible for using the test reports and, in the case of reference laboratories, the laboratory that initially requested the test. In addition, this proposed rule would also amend the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to provide individuals the right to receive their test reports directly from laboratories by removing the exceptions for CLIA-certified laboratories and CLIA-exempt laboratories from the provision that provides individuals with the right of access to their protected health information.

Subsection (e)(12) of the Privacy Act of 1974, as amended, (5 U.S.C. 552a) requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment; however, this notification will be completed by DoD, the matching agency. The DoD, as the matching agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Social Security Administration (SSA) and DoD Defense Manpower Data Center (DMDC) that their records are being matched by computer. The purpose of this agreement is to verify applicants for, and recipients of Supplement Security Income (SSI) payments and Special Veterans Benefits (SVB) with respect of determination of eligibility and calculating payment amounts.