Office for Civil Rights Reminder HIPAA Flexibilities End May 2023

HHS Office of Civil Rights confirmed that that four Notifications of Enforcement Discretion (“Notifications”) will expire upon expiration of the COVID-19 PHE, which is currently scheduled for 11:59 p.m. on May 11, 2023.

OCR’s notice applies to four Notifications of Enforcement Discretion of HIPAA related to the following circumstances:

  1. COVID-19 Community-Based Testing Sites during the PHE (available here);
  2. Telehealth Remote Communications during the PHE (available here);
  3. Uses and Disclosures of PHI by Business Associates for Public Health and Health Oversight Activities (available here); and
  4. Online or Web-Based Scheduling Applications for Scheduling COVID-19 Vaccination Appointments (available here).

Source: Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency