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COVID HIPAA Enforcement Discretion to End 2023

COVID HIPAA Enforcement Discretion to End May 2023

The Department of Health and Human Services (HHS) has announced that it will not renew the COVID-19 Public Health Emergency after it expires on May 11, 2023.

This decision will bring an end to the Notifications of Enforcement Discretion issued in response to the COVID-19 Public Health Emergency, which allowed for certain flexibilities regarding HIPAA regulations.

HHS’ Office for Civil Rights (OCR) announced that these notifications will expire on May 11, 2023, and a 90-day transition period will follow where financial penalties will not be imposed for non-compliance with HIPAA Rules for tele-health services.

After August 9, 2023, healthcare providers must enter into a HIPAA-compliant business associate agreement with the provider of the communication platform to continue using it, or switch to a HIPAA-compliant alternative to avoid financial penalties for non-compliance.

Healthcare providers should begin to make arrangements to obtain a business associate agreement or transition to a HIPAA-compliant communications platform as soon as possible to prevent any disruption to tele-health services.

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