Jason Engelhart Quoted on HIPAA Waivers for Hospitals Fighting COVID-19

03.23.2020

With the U.S. Department of Health and Human Services (HHS) issuing emergency privacy waivers to hospitals experiencing surges of patients, there are concerns over whether the waivers, which are the maximum allowed by the HIPAA Privacy Rule, will last long enough, and whether states will relax enforcement of state privacy laws as well.

Partner Jason Engelhart was quoted in Bloomberg Law on this uncharted territory. The temporary federal waiver does not overrule state privacy laws, and stipulates that state laws are unaffected by the federal waiver.

“There’s a question as to whether state regulators will take similar action to HHS,” relaxing enforcement of state privacy statutes,” Jason said. “There are a number of states, however, that have already declared emergencies.”

Jason advises managed care organizations, management services organizations and other clients in the health care space on regulatory and transactional matters. He is well-versed in the regulatory issues shaping the next generation of health care, such as those arising out of value-based reimbursement, telemedicine, and narrow-network insurance products.

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