HIPAA Applies Only to Covered Entities and Business Associates
The HIPAA Privacy Rule applies to disclosures made by employees, volunteers, and other members of a covered entity’s or business associate’s workforce. Business associates also include subcontractors that create, receive, maintain, or transmit protected health information on behalf of another business associate. The Privacy Rule does not apply to disclosures made by entities or other persons who are not covered entities or business associates. The HIPAA Privacy Rule does not restrict the American Red Cross from sharing patient information. Keep in mind, there may be other state or federal rules that apply.
HIPAA requires every healthcare facility and business associate to have a Contingency plan in place. Disasters come in a variety of circumstances and additional challenges on health care providers. Questions often arise about the HIPAA regulations to share PHI with friends and family, public health officials, and emergency personnel. 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. Keep in mind the HIPAA Privacy Rule is not suspended during a public health or other emergency, however, the Secretary of Health and Human Services may waive certain provisions of the Privacy Rule under section 1135(b)(7) of the Social Security Act.
Under these circumstances, the Secretary also has the authority to waive sanctions and penalties against a covered hospital that does not comply with the following provisions of the HIPAA Privacy Rule:
To continue reading this article click here:
https://arismedicalsolutions.com/hipaa-and-emergencies-how-to-respond/
Monday, October 3, 2022
