Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency

Severe disasters - such as Hurricane Harvey - impose additional challenges on health care providers.  Often questions arise about the ability of entities covered by the HIPAA regulations to share information, including with friends and family, public health officials, and emergency personnel.  As summarized in more detail below, the HIPAA Privacy Rule allows patient information to be shared to assist in disaster relief efforts, and to assist patients in receiving the care they need. In addition, while the HIPAA Privacy Rule is not suspended during a public health or other emergency, the Secretary of HHS may waive certain provisions of the Privacy Rule under the Project Bioshield Act of 2004 (PL 108-276) and section 1135(b)(7) of the Social Security Act. 
The Secretary of HHS has declared a public health emergency in Texas and Louisiana following the President’s declaration that a disaster exists in the States of Texas and Louisiana.

Under these circumstances, the Secretary has exercised the authority to waive sanctions and penalties against a covered hospital that does not comply with the following provisions of the HIPAA Privacy Rule:

Read entire CMS Bulletin here