Lexology March 12, 2020
The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently released a bulletin reiterating the ways that patient information may be shared under the Health Insurance Portability and Accountability Act (HIPAA) privacy rule in an outbreak of infectious disease or other emergency situation. The bulletin serves as a reminder that the protections of HIPAA remain in effect during an emergency. HIPAA protects the privacy of patients’ health information while allowing for appropriate disclosures to treat a patient, to protect the nation’s public health and for other critical purposes. Importantly, the HHS bulletin highlights that patient information may be shared without a patient’s authorization if the information is 1) necessary to treat that patient...