Proposed Regulatory Changes in Health Privacy and Insurance
The Office of Management and Budget (OMB) has unveiled its 2026 Unified Agenda, detailing projected regulatory actions by federal agencies. This agenda includes proposed regulations from the Department of Health and Human Services (HHS) concerning health privacy, interoperability, and data exchange. These developments could significantly impact the insurance industry, though the timelines and specifics remain subject to agency revisions.
Key final rulings aim to amend the HIPAA Privacy Rule, streamlining coordinated care efforts, boosting individual engagement, and reducing regulatory compliance requirements. The Health Data, Technology, and Interoperability initiative (HTI-5) promotes deregulatory measures that support economic growth.
Among the proposed changes are modifications to the HIPAA Privacy Rule, designed to ensure prompt access to protected health information. Revisions to the HIPAA Electronic Transaction Standards are also being considered to simplify administrative tasks, complemented by the HTI-6 initiative, which emphasizes application programming interfaces and curbing information blocking.
Expert Legal Guidance
Libbie Canter, an authority in privacy, cybersecurity, and AI, represents multinational corporations in navigating U.S. and international privacy laws. Her expertise extends to compliance with state laws, such as the California Consumer Privacy Act and the Colorado AI Act. Canter is renowned for her guidance on strategic transactions involving personal data and cybersecurity risks, primarily in financial services and digital health sectors.
Anna Durand Kraus brings her experience from the Department of Health and Human Services to assist on legal matters concerning Medicare and Medicaid, emphasizing compliance with the Affordable Care Act. Her proficiency in addressing HIPAA and HITECH Act regulations guides clients through complex healthcare industry challenges.
Elizabeth Brim and Kyle Falkner, based in Washington, DC, contribute to health privacy and data compliance initiatives. Brim focuses on HIPAA, state laws, and digital health innovations, while Falkner aids in compliance for non-profits and small enterprises. Both leverage their expertise in regulatory compliance and support industry collaborations involving sensitive data.
Covington & Burling LLP stands out for its superior legal services in privacy law, integrating legal acumen with insights into IT, e-commerce, and digital media models. The firm continues to represent excellence in providing legal guidance to varied clients within the insurance and healthcare sectors.