News & Analysis as of

Office of Civil Rights Infectious Diseases

Manatt, Phelps & Phillips, LLP

Upcoming Regulatory Changes Associated With the End of the PHE

At 11:59 p.m. on Thursday, May 11, 2023, the COVID-19 public health emergency (PHE) declaration will conclude, more than three years after taking effect in January 2020. The PHE declaration has enabled the U.S. Department of...more

Epstein Becker & Green

Full HIPAA Enforcement to Resume as the COVID-19 Public Health Emergency Ends

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On April 11, 2023, U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced its plan for termination of the existing notifications of enforcement discretion related to the expiration of the...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - April 2023

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Burr & Forman

Hot Topics in Health Care March 2023

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HHS Releases Cybersecurity Guide - On March 8, 2023 the Department of Health and Human Services released a cybersecurity implementation guide for the health care industry—the HPH Sector Cybersecurity Framework...more

Akerman LLP - Health Law Rx

OCR Releases Guidance on HIPAA Compliance When Providing Audio-Only Telehealth

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) recently released new guidance (the “Guidance”) to help ensure that individuals may continue to benefit from audio-only telehealth...more

Robinson+Cole Health Law Diagnosis

HHS Issues HIPAA Guidance to Support Audio-Only Telehealth Services

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued new guidance (Guidance) on the use of remote communication technologies to deliver audio-only telehealth in accordance with...more

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Franczek P.C.

OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under...

Franczek P.C. on

The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more

Quarles & Brady LLP

How Does HIPAA Prevent Using and Disclosing COVID-19 Vaccination Information? HHS OCR Issues Guidance

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Does HIPAA prevent businesses from asking whether customers or clients are vaccinated? (No). Does HIPAA prevent an employer from requiring an employee to disclose vaccination status? (No). Does HIPAA prohibit doctors from...more

Franczek P.C.

Students with Long COVID May Need Support Under Section 504 or the IDEA

Franczek P.C. on

On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to...more

Franczek P.C.

New OCR Q&A Reiterates Guidance, Promises Additional Guidance on Compensatory Services to Come

Franczek P.C. on

On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. ...more

Burr & Forman

Health Care E-Note - March 2021

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Helpful Hints - CMS Updates Nursing Home Guidance with Revised Visitation Recommendations - On March 10, 2021, CMS announced guidance on expanding indoor visitation in nursing homes, in response to significant...more

Alston & Bird

Alston & Bird Health Care Week in Review - February 2021 #4

Alston & Bird on

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in healthcare regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and...more

Franczek P.C.

OCR Decision Highlights Common Child Find Red Flags

Franczek P.C. on

A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district...more

Burr & Forman

Health Care E-Note - January 2021

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Helpful Hints - ADPH Says Vaccine Administration is Limited at this Time The Alabama Department of Public Health issued a press release on January 11, 2021, urging Alabamians to have patience in receiving the COVID-19...more

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more

Pullman & Comley - School Law

OCR Makes Clear That COVID-19 Does Not Alter School Districts’ Obligations Under the New Title IX Regulations

The new Title IX regulations addressing sexual harassment in elementary and secondary schools went into effect August 14, 2020.  These regulations prescribe the exact way that schools must now address sexual harassment of...more

Franczek P.C.

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

Franczek P.C. on

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more

Nossaman LLP

Health Care Providers’ Crisis Care Guidelines in Light of Recent OCR and CDPH Guidance

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Faced with an ongoing public health emergency that threatens to overload healthcare systems, many states, including California, have developed or revisited their crisis care guidelines to address a potential COVID-19 patient...more

Franczek P.C.

OCR Q&A Addresses Title IX, K-12 Schools, and COVID-19

Franczek P.C. on

On September 28, 2020, the U.S. Department of Education’s Office for Civil Rights released new technical assistance for elementary and secondary schools concerning COVID-19. The document, Questions and Answers for K-12 Public...more

Burr & Forman

Non-Discrimination During COVID-19 Pandemic

Burr & Forman on

WHAT MATTERS - Department of Health and Human Services Office for Civil Rights announces the resolution of two major discrimination complaints against healthcare providers. Originally Published in the Birmingham Medical...more

Bricker Graydon LLP

COVID-19 Update: OCR updates guidance on contacting former COVID-19 patients about blood and plasma donation to add health plans

Bricker Graydon LLP on

On August 24, 2020, the Office for Civil Rights (OCR) issued amended guidance on HIPAA compliance during the COVID-19 pandemic. On June 12, 2020, OCR issued initial guidance on how the HIPAA Privacy Rule permits covered...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - July 2020 #2

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Mintz - Health Care Viewpoints

Providers May Contact Recovered COVID-19 Patients About Blood and Plasma Donation, According to OCR Guidance

Late last week, the Department of Health and Human Services’ Office for Civil Rights (OCR) issued guidance aimed at “making sure misconceptions about HIPAA do not get in the way of a promising COVID-19 response,” according to...more

Health Care Compliance Association (HCCA)

OCR: CEs May Offer COVID-19 Patient 'List' to First Responders

Report on Patient Privacy 20, no. 4 (April 2020) In new guidance, the HHS Office for Civil Rights (OCR) has authorized hospitals and other covered entities (CEs) that may be faced with demands from first responders and law...more

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