HIPAA

May 19 2020

May 19, 2020 WPF Statement regarding HHS Secretary’s Section 1135 COVID-19 HIPAA Waiver

This statement discusses a 72-hour “statutory waiver” of 5 basic HIPAA rights (including the right to confidential communications). The waiver is triggered by the Secretary of HHS and applies for a 72-hour period beginning upon implementation of a hospital disaster protocol. This statement discusses this waiver, what it is, what is means, who is impacted, and our recommendations.

Apr 15 2020

April 15, 2020 WPF Statement on the COVID-19 Community Based Testing Sites HIPAA Waiver

In response to the COVID-19 (coronavirus) pandemic, the U.S. Department of Health and Human Services announced a HIPAA waiver April 9, 2020 regarding Community Based Testing Sites, which waives enforcement of all HIPAA privacy and security protections and data breach rules from some health care activities affecting COVID-19 testing. This statement from WPF includes the following information:
-What are the changes the Community Based Testing Sites HIPAA waiver creates?
-What are the privacy concerns?
-WPF recommendations to correct the privacy problems in the Community Based Testing Sites HIPAA waiver
-Background on HIPAA waivers and a list of all current waivers in force

Apr 06 2020

April 6, 2020 WPF Statement on COVID-19 Business Associate HIPAA Waiver

In response to the COVID-19 (coronavirus) pandemic, the U.S. Department of Health and Human Services announced a HIPAA waiver April 2, 2020 regarding Business Associates. The April 2 waiver is consequential and poses significant privacy challenges. This statement from WPF includes the following information:
-What are the changes to HIPAA the April 2 waiver creates?
-What are the privacy concerns?
-WPF recommendations to correct the problems in the April 2, 2020 waiver

Apr 02 2020

Coronavirus Testing and Privacy: Frequently Asked Questions

This FAQ provides responses to the most frequently asked questions about coronavirus and privacy, especially COVID-19 testing, records, and health privacy for people in, or visiting, the U.S.

Mar 18 2020

March 18 WPF Statement on COVID-19 Telehealth HIPAA Waiver

In response to the COVID-19 (coronavirus) pandemic, the U.S. Department of Health and Human Services announced some changes in HIPAA practices. This statement from WPF includes the following information:
-What are the changes to HIPAA during the COVID-19 emergency?
-What are the privacy concerns?
-WPF recommendations to ensure patient privacy is protected

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Report: From the Filing Cabinet to the Cloud: Updating the Privacy Act of 1974

This comprehensive report and proposed bill text is focused on the Privacy Act of 1974, an important and early Federal privacy law that applies to the government sector and some contractors. The Privacy Act was written for the 1970s information era -- an era that was characterized by the use of mainframe computers and filing cabinets. Today's digital information era looks much different than the '70s: smart phones are smarter than the old mainframes, and documents are now routinely digitized and stored and perhaps even analyzed in the cloud, among many other changes. The report focuses on why the Privacy Act needs an update that will bring it into this century, and how that could look and work. This work was written by Robert Gellman, and informed by a two-year multi-stakeholder process.
COVID-19 and HIPAA: HHS’s Troubled Approach to Waiving Privacy and Security Rules for the Pandemic

The COVID-19 pandemic strained the U.S. health ecosystem in numerous ways, including putting pressure on the HIPAA privacy and security rules. The Department of Health and Human Services adjusted the privacy and security rules for the pandemic through the use of statutory and administrative HIPAA waivers. While some of the adjustments are appropriate for the emergency circumstances, there are also some meaningful and potentially unwelcome privacy and security consequences. At an appropriate time, the use of HIPAA waivers as a response to health care emergencies needs a thorough review. This report sets out the facts, identifies the issues, and proposes a roadmap for change.