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.
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
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
The Office of Civil Rights in the US Department of Health and Human Services has taken its first enforcement action under the HIPAA right of patient access to health records. HHS announced that it fined a health care provider $85,000 for failing to provide health care records to a patient upon written request, stating in
WPF has written to the US Department of Health and Human Services advising them on their Request for Information (RFI) about possible changes to HIPAA privacy and security protections. The RFI has a number of suggestions that, should they become part of a formal proposal, would significantly weaken HIPAA privacy protections.