HHS Workplace for Civil Rights Publicizes the Expiration of COVID-19 Public Well being Emergency HIPAA Enforcement Discretion | Foley Hoag LLP – Safety, Privateness and the Regulation

HHS Workplace for Civil Rights Publicizes the Expiration of COVID-19 Public Well being Emergency HIPAA Enforcement Discretion | Foley Hoag LLP – Safety, Privateness and the Regulation

Like many regulatory requirements, enforcement of HIPAA was relaxed as a part of the COVID-19 pandemic response.  With the top of the general public well being emergency declaration on Could 11, 2023, the broad relaxed HIPAA enforcement additionally will be coming to an end.

“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 continuous 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 modifications to their operations which are wanted to offer telehealth in a personal and safe method in compliance with the HIPAA Guidelines.”

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

With this discover, OCR is offering a 90-calendar day transition interval for coated well being care suppliers to come back into compliance with the HIPAA Guidelines with respect to their provision of telehealth. The transition interval shall be in impact starting on Could 12, 2023 and can expire on August 9, 2023. OCR will proceed to train its enforcement discretion and won’t impose penalties on coated well being care suppliers for noncompliance with the HIPAA Guidelines that happens in reference to the great religion provision of telehealth through the 90-calendar day transition interval.

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