Will HIPAA (Health Insurance Portability and Accountability Act) be suspended during a national or public health emergency?

Federal statutes and regulations cannot be waived or suspended by the Governor. However, during a catastrophic disaster, the Governor may make a request to the federal Secretary of Health and Human Services requesting waiver of specific federal statutes and regulations. The following provisions could be waived.

  • Requirement to Obtain Patient Consent to Speak with Family or Friends – 45 CFR 164.510
  • Requirement to Honor Opt-Out Request Obtain for Facility Directory – 45 CFR 164.510
  • Requirement to Distribute Notice – 45 CFR 164.520; 42 USC Section 1320b-5(b)(7)(B)
  • Patients Right to Request Privacy Restrictions and Confidential Communications – 45 CFR 164.522; 42 USC Section 1320b-5(b)(7)(C)