Lexology April 1, 2020
On March 24, 2020, the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) issued new HIPAA guidance to help providers and first responders in its efforts to combat the COVID-19 pandemic.
OCR’s guidance addresses when HIPAA allows disclosures without patient authorization of identifying health information to first responders – such as law enforcement and emergency medical services personnel – and public health authorities related to individuals infected with or exposed to COVID-19. OCR confirms such disclosures are permissible under HIPAA in certain circumstances, including:
- If necessary to provide treatment, such as when a hospital coordinates with emergency medical services personnel regarding the transportation of a potential COVID-19 patient;
- If required by law, such as...