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