News & Analysis as of

Office of Civil Rights 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

Health Care Compliance Association (HCCA)

Dramatic Portrayal of Care During Early COVID-19 Costs Hospital $80K; OCR: No Prior Authorization

Report on Patient Privacy 23, no. 12 (December, 2023) Spring 2020 was a terrifying period in the annals of COVID-19, and New York was at the epicenter. COVID-19 cases, and deaths, already the highest in the nation, were...more

Holland & Knight LLP

10 Things to Know About Telehealth Compliance

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Providing care via electronic communication when patients and providers are in separate locations, known as telemedicine or telehealth, has been possible for decades. The exigent circumstances sparked by the COVID-19 pandemic...more

ArentFox Schiff

Telehealth Flexibilities Continue After End of COVID-19 Emergency

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Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented following a declaration by the US Department of...more

Goodwin

Telehealth HIPAA Compliance Flexibilities Extended as the Public Health Emergency Ends

Goodwin on

During the COVID-19 public health emergency (PHE), many federal telehealth rules were made flexible to accommodate the need for continued access to healthcare, including prescribing controlled substances without an in-person...more

King & Spalding

HHS Announces Continuing Telehealth Flexibilities Following the End of the COVID-19 PHE

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On May 10, 2023, HHS announced that many telehealth and teleprescribing flexibilities will remain in place after the end of the COVID-19 Public Health Emergency (PHE) on May 11, 2023. Congress extended many telehealth...more

Nelson Mullins Riley & Scarborough LLP

End of the Public Health Emergency Marks End of HIPAA Enforcement Discretion for Telehealth Practices

The COVID-19 public health emergency (PHE) in the United States came to an end on May 11, 2023. Simultaneously, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced that its enforcement...more

McGuireWoods Consulting

Washington Healthcare Update - May 2023 #2

This Week in Washington: Debt Ceiling Continues to Loom Over the Capitol; DEA Extends COVID-19 Controlled Medications Prescribing Telehealth Flexibilities...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

Morgan Lewis

How the End of the PHE Will Impact the Healthcare Industry

Morgan Lewis on

The Biden administration announced on January 30, 2023 that the COVID-19 Public Health Emergency (PHE) would officially end on May 11, 2023. The PHE declaration, which first was issued by the Secretary of the US Department of...more

Manatt, Phelps & Phillips, LLP

Upcoming Regulatory Changes Associated With the End of the PHE

At 11:59 p.m. on Thursday, May 11, 2023, the COVID-19 public health emergency (PHE) declaration will conclude, more than three years after taking effect in January 2020. The PHE declaration has enabled the U.S. Department of...more

Arnall Golden Gregory LLP

HIPAA Compliance Alert: OCR Anticipates the End of Enforcement Discretion for Telehealth Use

A popular saying is that it takes 21 days to form a habit and about 66 days on average for a behavior to become automatic. If that is correct, the three-year period of unprecedented waivers and flexibilities in the provision...more

Mintz - Health Care Viewpoints

Are You Ready? How to Prepare for the End of OCR’s Public Health Emergency HIPAA Enforcement Discretion

In April, 2020, in an effort to facilitate a national pivot to telehealth in light of the COVID-19 Public Health Emergency (PHE), the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a policy...more

Husch Blackwell LLP

Two Weeks’ Notice for the Public Health Emergency: What’s Next for Telehealth

Husch Blackwell LLP on

The Department of Health and Human Services (HHS) has announced its plan to end the Federal Public Health Emergency (PHE) for COVID-19 on May 11, 2023. Due to the COVID-19 pandemic, emergency declarations, legislation, and...more

Clark Hill PLC

How Will the End of HIPAA Enforcement Discretion Affect Covered Entities When the Public Health Emergency Expires on May 11?

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On Jan. 30, 2023, the Biden Administration announced its intent to end the national emergency and public health emergency declarations related to the COVID-19 pandemic on May 11, 2023. Thereafter on April 11, 2023, 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

Morgan Lewis - Health Law Scan

Back to Business: Adapting to the Expiration of 4 HIPAA Enforcement Discretion Waivers

Throughout the COVID-19 pandemic and related public health emergency (PHE), the US Department of Health and Human Services, Office for Civil Rights (OCR) issued four Notifications of Enforcement Discretion (referred to as...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

King & Spalding

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

King & Spalding on

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...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

Robinson & Cole LLP

OCR Reminder: Pandemic-Era HIPAA Flexibilities Will End May 2023

Robinson & Cole LLP on

On April 11, 2023 – one month in advance of the end of the COVID-19 public health emergency (PHE) on May 11, 2023 – the federal Office for Civil Rights (OCR) confirmed that various Notifications of Enforcement Discretion...more

Robinson+Cole Health Law Diagnosis

OCR Reminder: Pandemic-Era HIPAA Flexibilities Will End May 11, 2023

On April 11, 2023 – one month in advance of the end of the COVID-19 public health emergency (PHE) on May 11, 2023 – the federal Office for Civil Rights (OCR) confirmed that various Notifications of Enforcement Discretion...more

Foley Hoag LLP - Security, Privacy and the...

HHS Office for Civil Rights Announces the Expiration of COVID-19 Public Health Emergency HIPAA Enforcement Discretion

Like many regulatory standards, enforcement of HIPAA was relaxed as part of the COVID-19 pandemic response. With the end of the public health emergency declaration on May 11, 2023, the broad relaxed HIPAA enforcement also...more

Epstein Becker & Green

Full HIPAA Enforcement to Resume as the COVID-19 Public Health Emergency Ends

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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

Quarles & Brady LLP

It’s the End of the PHE as We Know It

Quarles & Brady LLP on

The Biden Administration announced that the federal COVID-19 Public Health Emergency (PHE) will expire at the end of the day on May 11, 2023. As we draw closer to the expiration date of the PHE, do you feel fine about your...more

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