HHS Workplace for Civil Rights Proclaims the Expiration of COVID-19 Public Well being Emergency HIPAA Notifications of Enforcement Discretion

Notifications of Enforcement Discretion expire at 11:59 pm on Could 11, 2023

Right this moment, the U.S. Division of Well being and Human Companies’ Workplace for Civil Rights (OCR) declares that the Notifications of Enforcement Discretion issued below the Well being Insurance coverage Portability and Accountability Act of 1996 (HIPAA) and the Well being Info Know-how for Financial and Scientific Well being (HITECH) Act throughout the COVID-19 public well being emergency will expire at 11:59 pm on Could 11, 2023, as a result of expiration of the COVID-19 public well being emergency.

“OCR exercised HIPAA enforcement discretion all through the COVID-19 public well being emergency to help the well being care sector and the general public in responding to this pandemic,” stated Melanie Fontes Rainer, OCR Director. “OCR is constant to help the usage of telehealth after the general public well being emergency by offering a transition interval for well being care suppliers to make any adjustments to their operations which can be wanted to supply telehealth in a non-public and safe method in compliance with the HIPAA Guidelines.”

In 2020 and 2021, OCR printed 4 Notifications of Enforcement Discretion within the Federal Register relating to how the Privateness, Safety, Breach Notification, and Enforcement Guidelines (“HIPAA Guidelines”) could be utilized to sure violations throughout the COVID-19 nationwide public well being emergency. These Notifications and the efficient starting and finish dates are:

• Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergencyefficient from March 13, 2020, to 11:59 pm Could 11, 2023.
• Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency (“Telehealth Notification”), efficient from March 17, 2020, to 11:59 pm Could 11, 2023.
• Enforcement Discretion Under HIPAA To Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19efficient from April 7, 2020, to 11:59 pm Could 11, 2023.
• Enforcement Discretion Regarding Online or Web-Based Scheduling Applications for the Scheduling of Individual Appointments for COVID-19 Vaccination During the COVID-19 Nationwide Public Health Emergencyefficient from December 11, 2020, to 11:59 pm Could 11, 2023.

OCR is offering a 90-calendar day transition interval for lined well being care suppliers to return into compliance with the HIPAA Guidelines with respect to their provision of telehealth. The transition interval might be in impact starting on Could 12, 2023 and can expire at 11:59 p.m. on August 9, 2023. OCR will proceed to train its enforcement discretion and won’t impose penalties on lined well being care suppliers for noncompliance with the HIPAA Guidelines that happens in reference to the great religion provision of telehealth throughout the 90-calendar day transition interval.

The Discover of Expiration of Sure Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Well being Emergency could also be discovered at: https://public-inspection.federalregister.gov/2023-07824.pdf.