HIPAA Considerations Amid COVID-19

Due to the outbreak of COVID-19, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin outlining the ways that covered entities, and their business associates may share patient information under the Health Insurance Portability and Accountability Act (HIPAA) during the emergency situation brought on by the COVID-19 pandemic.  Covered entities may share the following information about an individual and COVID-19 without running afoul of HIPAA:

• Treatment;

• Public health activities;

• Disclosures to family, friends, and others involved in an individual’s care and for notification;

• Disclosures to prevent a serious and imminent threat;

• Disclosure to the media or others not involved in the care of the patient/notification; and

• Minimum necessary disclosures (regarding reasonable efforts to limit disclosed information to accomplish the purpose of treatment, and public health).

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