OCR Announces Expiration of COVID-19 Public Health Emergency HIPAA Notifications of Enforcement Discretion

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On April 11, 2023, OCR announced 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 (PHE) will expire with the end of PHE on May 11, 2023 (Notice).

Throughout the PHE, OCR supported the use of telehealth by exercising its HIPAA enforcement discretion. Specifically, OCR published four Notifications of Enforcement Discretion regarding how it would apply the Privacy, Security, and Breach Notification Rules (HIPAA Rules) to certain violations during the pandemic:

Each of these Notifications will now expire at 11:59 pm on May 11, 2023.

​According to the Notice, OCR is providing a 90-day transition period (from May 12, 2023 until August 9, 2023) for covered health care providers to come into compliance with the HIPAA Rules with respect to the provision of telehealth services. During this 90-day period, health care providers will not face penalties if they engage in the good faith provision of telehealth. The Notice was published in the Federal Register on April 13, 2023.

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