This statement discusses a 72-hour “statutory waiver” of 5 basic HIPAA rights (including the right to confidential communications). The waiver is triggered by the Secretary of HHS and applies for a 72-hour period beginning upon implementation of a hospital disaster protocol. This statement discusses this waiver, what it is, what is means, who is impacted, and our recommendations.
In response to the COVID-19 (coronavirus) pandemic, the U.S. Department of Health and Human Services announced a HIPAA waiver April 9, 2020 regarding Community Based Testing Sites, which waives enforcement of all HIPAA privacy and security protections and data breach rules from some health care activities affecting COVID-19 testing. This statement from WPF includes the following information:
-What are the changes the Community Based Testing Sites HIPAA waiver creates?
-What are the privacy concerns?
-WPF recommendations to correct the privacy problems in the Community Based Testing Sites HIPAA waiver
-Background on HIPAA waivers and a list of all current waivers in force