Have you been worrying about how to comply with the accounting for disclosures rule that the Department of Health and Human Services (“DHHS”) published way back in 2011? Probably not, because few covered entities and virtually no business associates have received requests for accounting for disclosures.

Further, the accounting for disclosures rule is a mess, and it has raised all kinds of issues based on who “touched” the file, not just to whom the file was disclosed. For example, if two doctors discuss a case in the restroom must that discussion somehow be documented so that the disclosure may be disclosed to a patient who asks for an accounting of uses and disclosures?

The rule was to have become effective January 1, 2015. DHHS has, however, just announced that it will delay the effective date and reopen the rule for comment.

As soon as DHHS publishes the information about making comments, we will post it on this blog. We highly suggest that, if the accounting rule will impose significant burdens on your practice, you submit comments detailing burdens (and perhaps offering alternatives that are less onerous). If you haven’t weighed in on a proposed rule, you don’t have much to complain about when the final rule ends up costing you needless time and money.