News & Analysis as of

Patient Privacy Rights Public Health

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

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On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 9. Privacy Briefs: September 2022

Report on Patient Privacy 22, no. 9 (September, 2022) - More than 92% of patients believe privacy is a right and their health data should not be available for purchase, according to a survey from the American Medical...more

McDermott Will & Emery

International News: Focus on Global Privacy and Cybersecurity - September 2020

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Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...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

McAfee & Taft

HIPAA compliance and the COVID-19 pandemic

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In light of the COVID-19 outbreak, the Secretary of the U.S. Department of Health and Human Services (HHS) waived certain provisions of the HIPAA Privacy Rule. The Secretary waived sanctions and penalties arising from a...more

Sheppard Mullin Richter & Hampton LLP

Strategies in Responding to COVID-19: Expanding Scope of Practice to Increase Patient Access to Healthcare

As the COVID-19 pandemic continues and our health system is pushed to and beyond capacity, lawmakers and stakeholders are assessing different ways to handle the incredible volume of patients suddenly needing care. One...more

Akin Gump Strauss Hauer & Feld LLP

Privacy Versus Pandemic: Health Privacy Considerations in Response to COVID-19

As COVID-19 continues to spread, health care providers, health plans and employers are facing difficult privacy questions as they attempt to balance privacy concerns against the need to protect patients, employees and...more

Husch Blackwell LLP

OCR Issues Guidance Related To Disclosures To Law Enforcement, Paramedics, Other First Responders And Public Health Authorities...

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On March 17, 2020, the Department of Health and Human Services, Office of Civil Rights (OCR) issued guidance related to how Covered Entities can comply with HIPAA and the Privacy Rule and still disclose protected health...more

White and Williams LLP

Data Sharing Being Emphasized in the Battle Against COVID-19

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In effort to combat the COVID-19 pandemic, we are beginning to see regulatory regimes increase the focus on data sharing with public health authorities, as well as some targeted loosening of privacy protections in the hope...more

Nilan Johnson Lewis PA

HHS Announces Limited Waiver of HIPAA Sanctions During COVID-19 Public Health Emergency

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The U.S. Department of Health and Human Services (HHS) will not sanction or issue penalties against hospitals failing to comply with certain provisions of the HIPAA Privacy Rule during the COVID-19 public health emergency....more

Bricker Graydon LLP

COVID-19 Update: HHS issues limited 72-hour HIPAA waiver for hospitals

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On March 13, 2020, following President Trump’s declaration of a national emergency due to the COVID-19 (coronavirus) pandemic, the Secretary of Health and Human Services (HHS) issued, among others, the following HIPAA waiver...more

Akerman LLP - Health Law Rx

OCR COVID-19 Updates on HIPAA and Anti-Discrimination Laws

Hospitals will have a limited waiver of HIPAA sanctions and penalties during the COVID-19 outbreak as a result of a bulletin issued on March 16, 2020 by the U.S. Department of Health and Human Services....more

Stinson LLP

Be Wary of Potential HIPAA Traps When Responding to Coronavirus Concerns

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As we counsel clients on best practices in addressing the coronavirus pandemic, we continue to caution clients on potential HIPAA issues with internal response plans. In a recent Bulletin, the Office for Civil Rights (OCR) at...more

BCLP

HIPAA Continues to Apply During Coronavirus Pandemic

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As the Coronavirus Disease 2019 (COVID-19) pandemic grows, employers and others may be wondering how the public health emergency created by the outbreak affects information protected under the Health Insurance Portability and...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Implications for Health Care

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The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 100 countries and territories. Over 120,000 cases have now been documented across the globe,...more

Ballard Spahr LLP

Disclosing Information about the Novel Coronavirus under HIPAA

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Health care providers, health plans, and others who are subject to HIPAA are sure to have questions about when they may disclose information about individuals who have contracted, or been exposed to, Coronavirus (COVID-19)....more

Cozen O'Connor

HIPAA and COVID-19: Balancing Public Health Concerns and Patient Privacy in the Midst of a Pandemic

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Although COVID-19 is not the first pandemic to hit the United States, the virus has thrown the country into uncharted territory as federal and state governments and agencies struggle to contain the virus’s quick-moving...more

Robinson+Cole Health Law Diagnosis

U.S. Health & Human Services – Office of Civil Rights Issued Guidance Regarding HIPAA Privacy and Novel Coronavirus

The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance...more

Robinson+Cole Data Privacy + Security Insider

U.S. Health & Human Services – Office of Civil Rights Issued Guidance Regarding HIPAA Privacy and Novel Coronavirus

The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance...more

Morgan Lewis

How Hospitals Can Balance Public Health Concerns, Patient Privacy in Responding to Coronavirus

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Recent guidance from the Office for Civil Rights and the Centers for Medicare and Medicaid Services reiterates that existing privacy laws and emergency preparedness standards provide an effective framework for providers...more

K&L Gates LLP

K&L Gates Triage: COVID-19 - HIPAA Concerns in the Context of Novel Coronavirus

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In this week’s episode, Hannah Maroney, Cheryl Choice and Steven Pine provide some background on COVID-19 and discuss challenges health care providers may face with respect to the disclosure of protected health information...more

Morgan Lewis - ML Benefits

HIPAA Privacy Rule Still Applies for Employers Amid 2019 Novel Coronavirus Outbreak

Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate...more

Bricker Graydon LLP

Coronavirus: Patient privacy implications

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Health care providers, health plans and others monitoring the recent coronavirus outbreak should be aware of how patient information can and cannot be shared and used under applicable laws, including the HIPAA privacy rule,...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 1. Privacy Briefs: January 2020

Report on Patient Privacy 20, no. 1 (January 2020) - ? A cybersecurity breach temporarily halted cancer radiation treatment services at the Cancer Center of Hawaii on Oahu,[1] the center said. The center, which provides...more

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