On March 24, 2026, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule establishing a Health Insurance Portability and Accountability Act (“HIPAA”) standard for electronic signatures in connection with health care claims attachments transactions, as well as standards governing the electronic exchange of claims attachments more generally. The rule adopts the first-ever standards for health care claims attachments under HIPAA. CMS explains that the standards are intended to eliminate reliance on manual processes, such as faxing and mailing, which the agency believes will lead to cost and time savings, faster care delivery, enhanced security, and improved efficiency.

Electronic Signatures

The final rule requires that electronic signatures used in conjunction with health care claims attachments transactions conform to the Health Level 7 (“HL7”) Implementation Guide (“IG”) for Clinical Document Architecture (“CDA”) Release 2: Digital Signatures and Delegation of Rights, Release 1 (the “Digital Signatures Guide”). CMS explained that it selected the Digital Signatures Guide because it adequately supports the three core features “essential to ensuring trust in electronic signatures”: authentication, message integrity, and nonrepudiation.

Notably, the finalized HIPAA electronic signature standard applies only in the context of electronic health care claims attachments transactions. The proposed rule also included proposals related to standards for prior authorization attachments, including electronic signatures, but CMS explained in the final rule that it elected not to finalize the attachments standards supporting prior authorization transactions at this time based on comments received in response to the proposed rule. The final rule clarifies that the health care industry “may continue to set expectations for electronic signatures in other contexts.”

Additional Standards for Health Care Claims Attachments Transactions

The final rule also adopts several standards for electronically requesting and transmitting health care claims attachments. For administrative transaction data, the final rule adopts the following ASC X12 Version 6020 standards:

  • X12N 275 (Additional Information to Support a Health Care Claim or Encounter – 006020X314)
  • X12N 277 (Health Care Claim Request for Additional Information – 006020X313)

For clinical information exchanged in claims attachments transactions, the final rule adopts the following HL7 implementation guides as HIPAA standards:

  • HL7 CDA Release 2 Attachment IG: Exchange of Consolidated Clinical Document Architecture (“C-CDA”) Based Documents, Release 2, March 2022
  • HL7 Implementation Guide for CDA Release 2: Consolidated CDA Templates for Clinical Notes (US Realm) Draft Standard for Trial Use Release 2.1, Volume One—Introductory Material, June 2019 with Errata
  • HL7 Implementation Guide for CDA Release 2: Consolidated CDA Templates for Clinical Notes (US Realm) Draft Standard for Trial Use Release 2.1, Volume Two—Templates and Supporting Material, June 2019 with Errata

The final rule goes into effect on May 26, 2026, and covered entities must comply with the new standards by May 26, 2028.

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Photo of Anna D. Kraus Anna D. Kraus

Anna Durand Kraus advises on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (“HHS”) gives her broad experience with, and valuable insight into…

Anna Durand Kraus advises on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (“HHS”) gives her broad experience with, and valuable insight into, the programs and issues within the purview of HHS, including Medicare, Medicaid, fraud and abuse, and HIPAA privacy and security. Anna is co-chair of the firm’s Health Care Industry practice group.

Anna regularly advises clients on Medicare reimbursement matters, particularly those arising under Part B and the Part D prescription drug benefit. She also has extensive experience with the Medicaid Drug Rebate program. She assists numerous pharmaceutical and device manufacturers, health care providers, pharmacy benefit managers, and other health care industry stakeholders to navigate the challenges and opportunities presented by the Affordable Care Act.

Anna is a trusted adviser on health information privacy, security and breach notification issues, including those arising under the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Her background in this area dates back to the issuance of the original HIPAA privacy regulations.

Anna’s clients depend on her to guide them through compliance with the Anti-Kickback statute, the Stark regulations, and other laws preventing fraud and abuse in the health care industry. Her deep knowledge of these laws has made her an important component of the firm’s representation of pharmaceutical companies and health care organizations under federal investigation or facing allegations under the False Claims Act. In addition, clients contemplating acquisitions in the health care sector rely on her to guide due diligence efforts.

Photo of Elizabeth Brim Elizabeth Brim

Elizabeth Brim provides strategic advice to clients across the health care, life sciences, digital health, and technology sectors, helping them navigate complex privacy, regulatory, and compliance issues involving health and other personal information.

Elizabeth advises clients on compliance with evolving privacy, data governance…

Elizabeth Brim provides strategic advice to clients across the health care, life sciences, digital health, and technology sectors, helping them navigate complex privacy, regulatory, and compliance issues involving health and other personal information.

Elizabeth advises clients on compliance with evolving privacy, data governance, and regulatory frameworks governing the collection, use, disclosure, and protection of health, genetic, consumer health, and other sensitive data. Her work includes counseling on HIPAA, state privacy laws, information blocking requirements, TEFCA, and other federal and state laws affecting health information, digital health technologies, and privacy compliance more broadly.

Elizabeth’s experience spans a broad range of privacy, data governance, cybersecurity, and regulatory issues arising in connection with innovative products and services, artificial intelligence and other emerging technologies, clinical trials and research initiatives, strategic transactions, and commercial arrangements. She regularly advises clients on complex issues involving data governance, privacy compliance, and the protection and exchange of health and other sensitive information.

Elizabeth also advises clients on related health care regulatory and compliance matters, including fraud and abuse, corporate practice of medicine, and other requirements affecting innovative care delivery models.

Elizabeth maintains an active pro bono practice, which includes assisting nonprofit entities with data privacy compliance and vendor contracting.

Elizabeth is an author of the American Health Law Association treatise, Pricing, Market Access, and Reimbursement Principles: Drugs, Biologicals and Medical Devices and the U.S. chapter of the Global Legal Insights treatise, Pricing & Reimbursement Laws and Regulations.

Photo of Kyle Falkner Kyle Falkner

Kyle Falkner is an associate in the firm’s Washington, DC office. He is a member of the Data Privacy and Cybersecurity Practice Group and the Health Care Practice Group.

Kyle advises clients on a wide range of data privacy, technology, and health care…

Kyle Falkner is an associate in the firm’s Washington, DC office. He is a member of the Data Privacy and Cybersecurity Practice Group and the Health Care Practice Group.

Kyle advises clients on a wide range of data privacy, technology, and health care issues. He assists clients in complying with U.S. state and federal privacy laws as well as federal health care laws and regulations.

Kyle also maintains an active pro bono practice focused on supporting international human rights initiatives and assisting small businesses and non-profits with data privacy compliance.