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Waivers Protected Health Information

Health Care Compliance Association (HCCA)

Understanding the requirements for waiving or altering HIPAA authorization for research

The HIPAA Privacy Rule sets forth provisions related to the waiver or alteration of authorization in relation to clinical research studies for circumstances in which it would be impractical or impossible to obtain...more

King & Spalding

FDA Issues Final Rule Permitting IRB Waiver or Alteration of Informed Consent for Certain Minimal Risk Clinical Investigations

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The Food and Drug Administration (FDA) has issued a final rule, Institutional Review Board Waiver or Alteration of Informed Consent for Minimal Risk Clinical Investigations, which allows an exception from the requirement to...more

Barnea Jaffa Lande & Co.

Can Employers Request Medical Information during the Hiring Process?

Barnea Jaffa Lande & Co. on

Providing medical information about a person is a highly sensitive personal matter. Asking for it as part of the hiring process raises difficulties in relation to both Israeli labor and privacy protection laws. Employers may...more

Epstein Becker & Green

Every HIPAA Waiver Has Its Thorn

On March 17, 2020, the Office for Civil Rights’ (“OCR”) announced that—for the duration of the COVID-19 emergency—it would exercise enforcement discretion and waive any potential penalties for HIPAA violations relating to...more

Nelson Mullins Riley & Scarborough LLP

Summary of and Links to Guidance on COVID-19 HIPAA Waivers and Enforcement Discretion

For the first 72 hours after a hospital institutes its disaster protocol for the COVID-19 emergency, HIPAA sanctions and penalties will be waived for: - Failure to obtain a patient’s agreement to speak with family/friends...more

Patterson Belknap Webb & Tyler LLP

HIPAA Regulator Relaxes Enforcement for Telehealth Services During the COVID-19 Crisis

In response to the COVID-19 pandemic, on March 17, 2020, the Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”) issued a notification of enforcement discretion, announcing that it would not...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2020 #3

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HHS Targeted by Nation-State Hackers - Evil doers know that the best time to attack is during a crisis or a time of vulnerability. As the United States, and specifically, the Department of Health and Human Services (HHS)...more

Robinson+Cole Data Privacy + Security Insider

HHS Issues Confusing Limited Waiver on Sharing of Patient Information Following COVID-19

Acknowledging the “additional challenges” on health care providers following the outbreak of COVID-19, the Department of Health and Human Services (HHS) recently issued several waivers for covered entities to address the need...more

Ballard Spahr LLP

HHS Issues Temporary and Limited HIPAA Waiver for Hospitals

Ballard Spahr LLP on

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....more

Benesch

HIPAA Privacy Waivers for Hospitals Operating under Disaster Protocol

Benesch on

On March 13, 2020, the Department of Health and Human Services announced a series of limited waivers related to the HIPAA Privacy rule in response to the declaration of a national emergency related to the 2019 Novel...more

Bass, Berry & Sims PLC

HIPAA and COVID-19: Here’s What You Need to Know

Bass, Berry & Sims PLC on

Responding to the COVID-19 national public health emergency, on March 13, 2020, the Secretary of the U.S. Department of Health and Human Services (HHS) exercised the authority granted by Section 1135 of the Social Security...more

Dorsey & Whitney LLP

New HIPAA Waivers for Health Care Providers During the COVID-19 Emergency

Dorsey & Whitney LLP on

This post provides an update on a number of HIPAA waivers that have just been made available to health care providers: (1) Waivers for hospitals in the initial 72 hours of enacting a disaster protocol; and (2) Waivers for all...more

Robinson+Cole Health Law Diagnosis

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Robinson+Cole Data Privacy + Security Insider

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Obermayer Rebmann Maxwell & Hippel LLP

Hurricane Harvey, HIPAA, and Access to Health Information

Hurricane Harvey has been pummeling the Gulf Coast since Monday, with nearly 52 inches of rainfall in parts of Texas. The storm has displaced thousands of people from their homes and has resulted in over 30 reported deaths....more

Mintz - Employment, Labor & Benefits...

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 4 of 24): Highlights from the Draft 2015...

The IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C (“2015 Instructions”). These are the forms that employers with 50 or more full-time employees (including full-time equivalent employees) in the...more

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