The Office of Civil Rights of the U.S. Department of Health and Human Services has issued guidance clarifying how HIPAA’s Privacy Rule permits covered entities (in particular, health care providers and health plans) or their business associates to contact former COVID-19 patients about plasma donation to treat or potentially treat patients. The guidance follows the FDA’s approval of blood [&hellip… Continue Reading »
The Department of Health and Human Services has issued guidance confirming that the public health emergency brought on by the COVID-19 pandemic does not alter the restrictions that HIPAA’s Privacy Rule places on hospitals, nursing homes, and other health care providers with regard to the disclosures they may make to the media. The guidance breaks no new [&hellip… Continue Reading »
On March 20, 2020, the Office for Civil Rights (OCR) issued guidance in furtherance of its Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency. OCR issued the guidance as frequently asked questions (FAQs) published by the Department of Health and Human Services (HHS). This guidance further explains how OCR will exercise [&hellip… Continue Reading »
Telehealth Remote Communication Technology On March 17, 2020, the federal Department of Health and Human Services (HHS) announced that the Office for Civil Rights (OCR) will suspend enforcement activities and waive penalties related to certain HIPAA Security Rule provisions “during the COVID-19 nationwide public health emergency.” Specifically, OCR will waive penalties for using “everyday communications technologies” in [&hellip… Continue Reading »
The Office of Civil Rights, U.S. Department of Health and Human Services, issued an update to its February bulletin, which outlined how the HIPAA privacy rules apply in a state of emergency. The March bulletin largely reiterates the February bulletin and also sets forth a limited waiver of sanctions and penalties against covered hospitals that do not comply [&hellip… Continue Reading »
Health care providers, health plans, and others who are subject to HIPAA are sure to have questions about when they may disclose information about individuals who have contracted, or been exposed to, Coronavirus (COVID-19). To address these questions, the Office of Civil Rights, U.S. Department of Health and Human Services, issued a bulletin, reminding us [&hellip… Continue Reading »