Limited Suspension of HIPAA Sanctions and Penalties During National Emergency

April 3, 2020
Health Care Alert

In response to President Trump's declaration of a national emergency concerning COVID-19, the U.S. Department of Health and Human Services (HHS) has issued a limited waiver of sanctions and penalties against covered hospitals for certain HIPAA Privacy Rule requirements. The waiver is effective March 15, 2020, and only applies:

Specifically, HHS is waiving sanctions and penalties against a covered hospital that does not comply with the following provisions of the HIPAA Privacy Rule:

When the Presidential or Secretarial declaration of the national emergency terminates, a hospital must then comply with all the requirements of the HIPAA Privacy Rule for any patient still under its care, even if 72 hours have not elapsed since implementation of its disaster protocol.

Read the guidance published by the HHS Office of Civil Rights (PDF)