Trump Exec Order Waives Stark Laws, HIPPA, EMTALA, etc...

[drusso]

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HHS Issues Section 1135 Waiver, and CMS Issues Blanket Waivers of Health Care Laws, in Response to Coronavirus (COVID-19) Emergency

Following the President’s proclamation on March 13 that the COVID-19 outbreak constitutes a national emergency, Secretary of the Department of Health and Human Services (HHS) Alex Azar issued a Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (full text...

www.natlawreview.com

"Following the President’s proclamation on March 13 that the COVID-19 outbreak constitutes a national emergency, Secretary of the Department of Health and Human Services (HHS) Alex Azar issued a Waiver or Modification of Requirements Under Section 1135 of the Social Security Act (full text available here) that waives or modifies certain health care laws and regulations in connection with the COVID-19 pandemic."

 

[hyperalgesia]

Wow, good stuff. I'm beginning to think there's a silver lining to this outbreak.

 

[Agast]

Did he wave HIPAA too? 😉

 

[hyperalgesia]

Did he wave HIPAA too? 😉

• Waives the following HIPAA Privacy Rule regulations for 72 hours following the implementation by a hospital of its disaster protocol:
  • the requirements to obtain a patient’s agreement to speak with family members or friends or to honor a patient’s request to opt out of the facility directory (as set forth in 45 C.F.R. § 164.510);
  • the requirement to distribute a notice of privacy practices (as set forth in 45 C.F.R. § 164.520); and
  • the patient’s right to request privacy restrictions or confidential communications (as set forth in 45 C.F.R. § 164.522).