OCR announces expiration of the HIPAA enforcement discretion that occurred during the COVID-19 pandemic
April 27, 2023
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announces that 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 COVID-19 public health emergency will expire at 11:59 pm on May 11, 2023, due to the expiration of the COVID-19 public health emergency.Melanie Fontes Rainer, Director of The Office for Civil Rights, stated, “ OCR exercised HIPAA enforcement discretion throughout the COVID-19 public health emergency to support the health care sector and the public in responding to this pandemic.” May 12, 2023, through 11:59 p.m. on August 9, 2023, will serve as a transitional period for healthcare providers to adjust operations and procedures to comply with HIPAA Rules with regard to the changes listed below. The U.S. Department of Health and Human Services’ Office for Civil Rights will continue to exercise its enforcement discretion. It will not impose penalties on covered healthcare providers for noncompliance with the HIPAA Rules that occur in connection with the good faith provision of telehealth during the 90-calendar day transition period.
The Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency may be found below.federalregister.gov/d/2023-07824
Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergency
Start Date – March 13, 2020 End Date – 11:59 pm May 11, 2023
Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency
Start Date – March 17, 2020 End Date – 11:59 pm May 11, 2023
Enforcement Discretion Under HIPAA To Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19
Start Date – April 7, 2020 End Date – 11:59 pm May 11, 2023
Enforcement Discretion Regarding Online or Web-Based Scheduling Applications for the Scheduling of Individual Appointments for COVID-19 Vaccination During the COVID-19 Nationwide Public Health Emergency
Start Date – December 11, 2020 End Date – 11:59 pm May 11, 2023
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Tricia L. Hoffman-Simanek is an Attorney and Senior Vice President at Shuttleworth & Ingersoll, P.L.C. Her legal work focuses on the area of litigation, which includes but is not limited to, professional malpractice, long term care litigation, insurance defense, and other health law litigation. Tricia also provides advice and representation on HIPAA compliance, training and investigations, professional licensure matters, and risk management. She has achieved an “AV” rating with Martindale-Hubbell, Inc.Visit Her Profile For More Information
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