The ADA News (8/21, Garvin) reported that in Aug. 20 comments filed with the Federal Trade Commission (FTC), the ADA asked the agency to coordinate its final Health Breach Notification Rule with other laws and regulations in order “to eliminate the potential lack of conformity and overlapping requirements that could lead to burdens on regulated entities as well as confusion and worry for patients.” In the letter, ADA President Chad P. Gehani and Executive Director Kathleen T. O’Loughlin said the proposed rule may be confusing since “it does not apply to health information secured through technologies specified by HHS,” and the rule is not applicable to businesses or organizations covered by the Health Insurance Portability and Accountability Act. In order to avoid “unnecessary confusion” in notification requirements, the ADA said it “strongly recommends” that the FTC and HHS work “closely together to assess the extent to which vendors of personal health records, personal health records-related entities and third-party service providers may be HIPAA-covered entities or business associates of HIPAA-covered entities.”

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