HHS Grants New Flexibility for Business Associates to Use PHI for Public Health and Health Oversight

By Robert D. Belfort, Partner, Manatt Health

The Big Picture

On April 2, the U.S. Department of Health and Human Services (HHS) issued a public notice (the Notice) stating that the department will not impose penalties under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on business associates that use or disclose protected health information (PHI) for public health and health oversight activities during the COVID-19 public health emergency. The Notice will be published formally in the Federal Register on April 7 and will take effect immediately. Read more

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