HHS issued a limited waiver of HIPAA sanctions and penalties in the wake of Hurricane Maria, which HHS Secretary Tom Price, MD, declared a public health emergency in Puerto Rico and the U.S. Virgin Islands Sept. 19.
Although the HIPAA Privacy Rule cannot be suspended during emergencies, the HHS secretary may waive certain provisions to allow covered entities to share patient information and aid in disaster relief efforts and patient care.
Here are the five provisions for which Dr. Price waived HIPAA sanctions and penalties.
1. The requirements to obtain a patient's agreement to speak with family members or friends involved in the patient's care
2. The requirement to honor a request to opt out of the facility directory
3. The requirement to distribute a notice of privacy practices
4. The patient's right to request privacy restrictions
5. The patient's right to request confidential communications
When the secretary issues a waiver, it only applies to the emergency area and for up to 72 hours after a hospital implements its disaster protocol.
In August, Dr. Price issued a similar waiver in both Texas and Louisiana in the wake of Hurricane Harvey.
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