Comment on FR Doc # 2010-16718

Greetings! This comment is in reference to the addition of proposed regulation 164.512(b)(1)(vi), the new regulations about disclosures of immunization to a school. The new proposed regs specifically allow for disclosure of immunization records to a school, but only if the PHI disclosed is limited to proof of immunization, there's a state law requiring this proof to allow admission into the school AND authorization is received from the individual [or parent if the individual is an unemancipated minor]. As you are probably aware, many states already have immunization records sharing laws, and in the states that our health system operates [Nebraska and Iowa], we could already share such information with school - WITHOUT specific authorization from the individual [or parent or guardian if the individual is a minor]. [See attached files]. The added requirement in the proposed regs of requiring authorization would be an undue burden to our operations. With respect to the Nebraska side of our operations, the law allows individuals or their parents to "opt out" of the direct sharing of immunization info . . . so these new federal regulations will do little to improve the privacy of records, and will be a barrier to efficient and timely sharing of them - which from the preamble was the goal of this new regulatory provision. We propose that a provision be added in proposed reg 164.512(b)(1)(vi))(C) that ithe covered entity either obtains authorization OR if state law allows sharing of immunization records without authorization from the individual or a parent/ guardian, that state law and procedure be followed. See attached file(s)