compliance
HIPAA LAWS in the Covid Era
by Kayce Hollingsworth , MS , EFDA
As we all know , HIPAA stands for the Health Insurance Portability and Accountability Act , which mandates that all covered entities protect the private information of patients . As Covid-19 appeared and was classified as a pandemic on March 11 , 2020 , not only was the illness a concern , but so was the issue of protecting the privacy of those patients that were exposed to or contracted the disease .
Until recently , there had not been an outbreak like Covid-19 , and therefore , never the consideration of going against normal HIPAA privacy policies before . “ It is important to remember that during a public health emergency such as disease outbreak , and this applies to HIPAA compliance and Covid-19 , that the HIPAA Privacy and Security Rules still apply ” ( Adler , 2020 ). Because these policies are still in place , this ensures that the patient is protected against impermissible uses and disclosures . The exception to this policy occurred when the Secretary of Health and Human Services , Azar , initiated a temporary and limited HIPAA waiver . He put a waiver in place which was effective on March 15 , 2020 under the notice of Enforcement Discretion ( Adler , 2020 ).
The limited waiver Azar signed included : n n
n
Permitted uses and disclosures of PHI in emergencies
Disclosures of information to those persons responsible for patient care
Allowed sharing of PHI to first responders n
n n
Waived requirement to distribute a notice of privacy practices
Waived patient ’ s right to request privacy restrictions
Waived patient ’ s right to request confidential communications ( Adler , 2020 )
With the permitted uses and disclosures , a healthcare provider may communicate with other healthcare professionals and public health entities to coordinate patient care and ensure public health and safety without specific authorization from the patient . This means that it is up to the discretion of the healthcare professional to determine the severity of the threat and the necessary actions feasible to lessen the risk of exposure and spread of the disease .
The HIPAA waiver includes disclosures of information to those individuals who are caring for an infectious patient . This consists of family members , caregivers and any other individual who has been named by the patient . This waiver also covers the efforts to locate an infectious individual . Information can then be shared with family members , caregivers , law enforcement , media , or community members .
Permitted disclosures without patient authorization includes the EMS , paramedics , law enforcement , and the fire department to inform these individuals of the potential risk so they can protect themselves with the proper personal protective equipment ( PPE ). Even if the patient requests privacy in these disclosures ,
26 NORTH TEXAS DENTISTRY | www . northtexasdentistry . com