NOTE: This section of the Security Standard has been updated in the final Security Rule as of April 21, 2003, and is no longer current - it is provided for reference only.
C. Effective Dates--General
In general, any given standard would be effective 24 months after the effective date (36 months for small health plans) of the final rule for that standard. Because there are other standards to be established than those in this proposed rule, we specify the date for a given standard under the subpart for that standard.
Health plans would be required by part 142 to comply with our requirements as follows:
- Each health plan that is not a small plan would have to comply with the requirements of part 142 no later than 24 months after the effective date of the final rule.
- Each small health plan would have to comply with the requirements of part 142 no later than 36 months after the effective date of the final rule.
- Health care providers and health care clearinghouses would be required to begin using the standard by 24 months after the effective date of the final rule.
(The effective date of the final rule will be 60 days after the final rule is published in the Federal Register.) Provisions of trading partner agreements that stipulate data content, format definitions, or conditions that conflict with the adopted standard would be invalid beginning 36 months from the effective date of the final rule for small health plans, and 24 months from the effective date of the final rule for all other health plans.
If the HHS adopts a modification to an implementation specification or a standard, the implementation date of the modification would be no earlier than the 180th day following the adoption of the modification. HHS would determine the actual date, taking into account the time needed to comply due to the nature and extent of the modification. HHS would be able to extend the time for compliance for small health plans. This provision would be at § 142.106.
Any of the health plans, health care clearinghouses, and health care providers may implement a given standard earlier than the date specified in the subpart created for that standard. We realize that this may create some problems temporarily, as early implementers would have to be able to continue using old standards until the new one must, by law, be in place.