Request for Comment

jj$.$ The Department requests comment on all the estimates, assumptions, and analyses within the cost$-$benefits analysis, including the costs to regulated entities and individuals.

kk$.$ The Department also requests comments on any relevant information or data that would inform a quantitative analysis of proposed reforms that the Department qualitatively addresses in this RIA. Specifically, the Department requests comment on the following:

i$.$ Whether this proposed rule would affect other activities of regulated entities, including their ability to comply with other laws, and, if so$,$ how.

ii$.$ Whether the proposed prohibition on the use or disclosure of PHI for a criminal, civil, or administrative investigation or proceeding against any person in connection with seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided would affect the disclosure of PHI between health care providers or between health care providers and health plans for treatment purposes.

iii. Whether the proposed prohibition on the use or disclosure of PHI for a criminal, civil, or administrative investigation or proceeding against any person in connection with seeking obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided would affect the provision of access to individuals who request copies of their own PHI.

iv$.$ Data about the costs to regulated entities of determining whether reproductive health care revealed in PHI that is the subject of a request under $45$ CFR $164\mathrm{.}512($d$)$ through $($f$)$ and $($g$)(1)$ was lawful under the circumstances in which it was provided.

v$.$ Data about the costs to regulated entities of determining whether a request for the use or disclosure of PHI is for a prohibited purpose where an attestation is not provided.

vi$.$ Whether the ongoing cost associated with the burden of responding to requests for PHI with an authorization is an appropriate comparator for the ongoing cost associated with the burden of responding to requests for PHI that may require an attestation.

vii. The number of requests regulated entities receive annually for uses and disclosures under $45$ CFR $164\mathrm{.}512($d$)$ through $($f$)$ and $($g$)(1),$ and the number of individuals' records encompassed by those requests.

viii. Data about the costs and any other burdens for regulated entities associated with determining that a request is for PHI that is potentially related to reproductive health care.

ix$.$ Whether the lack of an attestation for some requests received under $45$ CFR $164\mathrm{.}512($d$)$ through $($f$)$ and $($g$)(1)$ would increase the time needed to process each request.

ll$.$ The Department also requests comments on whether there may be other indirect costs and benefits resulting from the changes in the proposed rule and welcomes additional information that may help quantify those costs and benefits.