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OCR Issues Guidance on HIPAA, COVID-19 Vaccination and the Workplace

Wyatt Law Blog

On 9/30/2021, HHS Office for Civil Rights issues guidance on when HIPAA applies and does not apply to COVID-19 vaccine information. Generally, HIPAA applies to disclosures of protected health information by HIPAA covered entities and not to requests for such information by such entities or other businesses.

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COVID-19 Vaccination Statuses of 500,000 VA Employees have been Impermissibly Disclosed

HIPAA Journal

The COVID-19 vaccination statuses of approximately 500,000 Department of Veterans Affairs employees have been impermissibly disclosed. The spreadsheet also included details of claimed religious and medical exceptions to COVID-19 vaccination.

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HIPAA

Total Medical ComplianceHIPAA

DISCLOSING COVID-19 VACCINATION STATUS. HHS has published an article on the HIPAA Privacy Rule’s effect on the disclosure of COVID-19 vaccination status for healthcare. Remember that HIPAA is not the only set of laws that regulate this information. The following are excerpts from the article.

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HHS Secretary Will Not Renew COVID-19 PHE: HIPAA Enforcement Discretion to End on May 11, 2023

HIPAA Journal

Four Notifications of Enforcement Discretion were announced by OCR in response to the COVID-19 Public Health Emergency in 2020 and 2021 to support the healthcare sector during the COVID-19 pandemic. The transition period starts on May 12, 2023, and expires at 11:59 pm on August 9, 2023.

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What is HIPAA Enforcement Discretion?

HIPAA Journal

HIPAA enforcement discretion occurs when the Secretary for Health and Human Services (HHS) announces the Department will exercise discretion in the enforcement of HIPAA Rules. Typically, Notices of Enforcement Discretion last between 72 hours and 60 days, are state or region-specific and apply to specific provisions of the HIPAA Rules.

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HIPAA

Total Medical ComplianceHIPAA

DISCLOSING COVID-19 VACCINATION STATUS. HHS has published an article on the HIPAA Privacy Rule’s effect on the disclosure of COVID-19 vaccination status for healthcare. Remember that HIPAA is not the only set of laws that regulate this information. The following are excerpts from the article.

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HIPAA Enforcement Discretion Offered by OCR for Online or Web-Based Scheduling Apps Used for COVID-19 Vaccination Appointments

Healthcare IT Today

OCR has done a lot around HIPAA including the enforcement discretion around HIPAA penalties associated with telehealth. I’ve been impressed with everything that the various organizations within HHS have done to try and help healthcare organizations deal with the pandemic.