Expiration of Sure Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Well being Emergency, 45 CFR Components 160 and 164, 88 Fed. Reg. 22380 (Apr. 13, 2023)

Out there at https://www.federalregister.gov/public-inspection/2023-07824/expiration-of-certain-notifications-of-enforcement-discretion-issued-in-response-to-the-covid-19

HHS’s Workplace for Civil Rights (OCR) has introduced that enforcement aid from a number of HIPAA and HITECH Act necessities granted in reference to the COVID-19 public well being emergency (PHE) will finish because of the PHE’s expiration. As background, OCR exercised its enforcement discretion through the COVID-19 pandemic to help the well being care sector by, amongst different issues, saying in March 2020 that through the COVID-19 PHE it will not impose HIPAA noncompliance penalties in opposition to well being care suppliers utilizing telehealth communications in good religion (see our Checkpoint article). As famous in a information launch concerning the enforcement aid’s expiration, the PHE is predicted to finish on Could 11, 2023.

The steering permits lined well being care suppliers utilizing telehealth communications a 90-day transition interval after the top of the PHE to return into HIPAA compliance, with the enforcement aid expiring on the finish of the day on August 9, 2023. The transition interval will permit suppliers extra time to carry their telehealth and distant communications companies into HIPAA compliance, which can be significantly useful for many who began utilizing telehealth expertise through the PHE. OCR intends to offer further steering through the transition interval. Enforcement discretion will probably be exercised with respect to noncompliance that happens by August 9, 2023, however not with respect to noncompliance that happens after that point.

EBIA Remark: Though the COVID-19 nationwide emergency ended on April 10, 2023 (see our Checkpoint article), the deliberate finish date of the PHE stays Could 11, 2023, until in any other case introduced. The telehealth enforcement aid for suppliers doesn’t apply on to well being plans, however its expiration serves as a reminder of the breadth and significance of the HIPAA guidelines. For extra data, see EBIA’s HIPAA Portability, Privateness & Safety handbook at Part XXIII.O (“HIPAA Privateness and Safety Points for Well being Plans Incorporating Telemedicine”). See additionally EBIA’s Self-Insured Well being Plans handbook at Part XI.E.5 (“Telemedicine”).

Contributing Editors: EBIA Workers.