Application of Covid-19 HIPAA Waivers

Bloomberg Law

The Department of Health & Human Services (HHS) issued the Covid-19 & HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Nationwide Public Health Emergency. The waivers became effective March 15, 2020. The Secretary of HHS declared a public health emergency on January 31, 2020 with the entire United States as the identified emergency area (see emergency declaration press release). The waivers apply to all hospitals in the United States that have instituted disaster protocol for up to 72 hours, or when the President of the United States or Secretary of HHS terminates the emergency declaration. Consent to share information - HIPAA Requirement Hospitals must obtain patients’ consent to disclose protected health information with family members, other relatives, close personal friends of the individuals, or any other people identified by the individuals (45 C.F.R. § 164.510(b)). Covid-19 Waiver ...

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