News & Analysis as of

Protected Health Information Public Health Emergency

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules

On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record...more

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

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The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...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

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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

Foley & Lardner LLP

2023 Telemedicine & Digital Health Trends

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Medicare telehealth post-Public Health Emergency (PHE): With the COVID-19 PHE concluding on May 11, 2023, many of the telehealth flexibilities the Centers for Medicare & Medicaid Services (CMS) implemented during the PHE will...more

Foley & Lardner LLP

HIPAA & Telehealth: FAQs from HHS Guidance on Audio-Only Telehealth

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Preparation for operations after the end of the Public Health Emergency (PHE) have commenced. HHS released guidance on using remote communication technologies for audio-only telehealth services in compliance with HIPAA. In...more

Foley & Lardner LLP

HIPAA & Telehealth: FAQs from HHS Guidance on Audio-Only Telehealth

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Preparation for operations after the end of the Public Health Emergency (PHE) have commenced. HHS released guidance on using remote communication technologies for audio-only telehealth services in compliance with HIPAA. In...more

Foley & Lardner LLP

OCR Relaxes Enforcement on Providers Using Scheduling Apps for COVID-19 Vaccinations

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On January 19, 2021, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Enforcement Discretion (Notice) announcing that it will not impose penalties for...more

Buchalter

HHS Proposed HIPAA Changes: 7 Things to Know

Buchalter on

On December 10, 2020, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

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The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

BCLP

US Privacy Law and Contact Tracing Apps: Considerations for Mitigating Risk

BCLP on

Contact Tracing Is Crucial: Contact tracing is the systematic identification of infected individuals and their relevant contacts. Along with rapid testing and targeted quarantines, contact tracing is an effective and crucial...more

Cozen O'Connor

Democrats And Republicans Introduce Competing COVID-19 Data Privacy Bills

Cozen O'Connor on

Responding to widespread calls for uniform rules and restrictions regarding the collection and use of individuals’ COVID-19-related health information, Congressional Republicans and Democrats have each recently introduced...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Report on Medicare Compliance 29, no. 18 (May 11, 2020) -  The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Akin Gump Strauss Hauer & Feld LLP

Congressional Democrats Counter Republican COVID-19 Privacy Measure

On Thursday, May 14, House Energy and Commerce Health Subcommittee Chair Anna Eshoo (D-CA) and Consumer Protection and Commerce (CPC) Subcommittee Chair Jan Schakowsky (D-IL) introduced a bicameral counter-proposal to the...more

King & Spalding

HIPAA Enforcement Discretion During the COVID-19 Public Health Emergency

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Over the last two months, the U.S. Department of Health and Human Services (“HHS”) published guidance regarding the enforcement of HIPAA and its privacy and security requirements in response to the COVID-19 public health...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

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The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Hinshaw & Culbertson - Health Care

Exceptions Under the HIPAA Privacy Rule for Disclosure of PHI Without Patient Authorization

The Novel Coronavirus (COVID-19) has presented the healthcare industry with an abundance of issues and questions, most of which revolve around public health and safety. Recognizing the wide-reaching effects of COVID-19, the...more

Dentons

Notable CARES Act Provisions for Healthcare Providers

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The Coronavirus Aid, Relief & Economic Security Act (CARES Act) contains numerous regulatory and payment reforms aimed at bolstering the health care industry and its COVID-19 response efforts. Although far from complete, the...more

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