News & Analysis as of

Protected Health Information Health Insurance Portability and Accountability Act (HIPAA) Coronavirus/COVID-19

Ankura

Uses, Disclosures, and HIPAA Compliance - Disclosure of Patient Information to News Outlet

Ankura on

On November 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a settlement with Saint Joseph’s Medical Center for potential violations of the Health Insurance...more

Foley Hoag LLP - Security, Privacy and the...

Expiration of COVID-19 Public Health Emergency Means the Beginning of the End for HIPAA Privacy and Security Enforcement...

The Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the...more

Akerman LLP - Health Law Rx

All Good Things Must Come to an End: The Expiration of OCR’s Enforcement Discretion

On April 11, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) confirmed that four notifications of enforcement discretion regarding enforcement of the HIPAA Privacy, Security, and Breach...more

Dinsmore & Shohl LLP

COVID HIPAA Flexibilities to Expire

Dinsmore & Shohl LLP on

The U.S. Department of Health and Human Service’s Office of Civil Rights (“OCR”) has announced that several notifications of enforcement discretion issued during the COVID-19 public health emergency (“PHE”) will expire...more

McGuireWoods LLP

HIPAA Enforcement Discretion Ends When Public Health Emergency Expires on May 11

McGuireWoods LLP on

The Department of Health and Human Services’ Office for Civil Rights (OCR) announced the expiration of its enforcement discretion related to compliance with the Health Insurance Portability and Accountability Act of 1996...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Stevens & Lee

Overview of HHS Guidance on Audio-Only Telehealth Services

Stevens & Lee on

The COVID-19 pandemic accelerated the evolution of the role of technology in medical care, giving rise to novel issues in the absence of formal governmental guidance. Responding to certain challenges brought on by the...more

Rivkin Radler LLP

HHS Issues Guidance on Provider Use of Audio-Only Telehealth

Rivkin Radler LLP on

On June 13, the U.S. Department of Health and Human Services (HHS) issued guidance to explain how audio-only telehealth can comply with HIPAA, while also emphasizing that this mode of telehealth services can expand healthcare...more

Health Care Compliance Association (HCCA)

[Virtual Event] Ann Arbor and Columbus Regional Healthcare Compliance Conference - June 24th, 8:25 am - 4:30 pm EDT

General and specialty compliance training from the comfort of your home or office! HCCA’s Regional Healthcare Compliance Conferences provide practitioners with virtual compliance training that includes updates on the...more

Williams Mullen

HIPAA Tips With Williams Mullen - COVID Health Information and HIPAA – Do You Know the Rules?

Williams Mullen on

In the inaugural episode of HIPAA Tips With Williams Mullen, health care attorneys Rebecca Ivey and Nathan Kottkamp describe major HIPAA exceptions and what employers can do with COVID health information. They also discuss...more

Rivkin Radler LLP

New Proposed Bills Would Extend Telehealth Waivers, Modernize HIPAA

Rivkin Radler LLP on

We don’t often cover brand-new proposed legislation on Rivkin Rounds, generally preferring to wait until it’s closer to becoming law. However, two bipartisan bills introduced in Congress last week are worthy of mention....more

Holland & Hart - The Benefits Dial

Ooh Baby It’s a Wild World…Your Vaccination Status: What Does HIPAA Actually Protect and Prohibit

Earlier this fall, the Office for Civil Rights (OCR) issued guidance to help the public understand when a business or employer can request information on an individual’s COVID-19 vaccination status without violating the HIPAA...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Fisher Phillips

Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know

Fisher Phillips on

“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more

Ruder Ware

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Ruder Ware on

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various...more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

Dickinson Wright

HIPAA Considerations for Covered Entity Employers Seeking Employee Proof of COVID-19 Vaccination

Dickinson Wright on

As employees return to the workplace, an increasing number of employers are asking their workers to provide proof of their COVID-19 vaccinations. This has led to many questions and concerns about whether such a practice is...more

Bond Schoeneck & King PLLC

New Guidance on the Impact of HIPAA on COVID-19 in the Workplace

On Sept. 30, 2021, the Department of Health and Human Services published guidance, “HIPAA, COVID-19 Vaccination, and the Workplace,” (the Guidance) that details the ways in which the Health Insurance Portability and...more

Steptoe & Johnson PLLC

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

Steptoe & Johnson PLLC on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the...more

Greenbaum, Rowe, Smith & Davis LLP

HHS Clarifies That Inquiries About COVID-19 Vaccination Status Are Not a Violation of Privacy Rights Under HIPAA

Since the arrival of the COVID-19 vaccines earlier this year, we have often fielded questions from business owners as to whether asking customers, clients, and employees about their vaccination status is in violation of...more

McGlinchey Stafford

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

McGlinchey Stafford on

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S....more

Foley & Lardner LLP

HIPAA: Top 5 Takeaways as HHS Addresses Misconceptions on Applicability to COVID-19 Vaccination Information

Foley & Lardner LLP on

The federal Department of Health and Human Services (HHS) issued guidance on the applicability of HIPAA to COVID-19 vaccination information, directly addressing a number of misconceptions about when HIPAA does, or does not,...more

Foley Hoag LLP

HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace

Foley Hoag LLP on

On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR)issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996...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

Jackson Lewis P.C.

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

Jackson Lewis P.C. on

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

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