(Recorded Webinar) Patient Confidentiality & COVID-19
As health centers adapted to providing care during the COVID-19 public health emergency, the federal government issued waivers, notices, and guidance documents affecting the compliance requirements under HIPAA and 42 CFR Part 2 (“Part 2”).
- On March 15th, the Office for Civil Rights (OCR)’s limited waiver of certain HIPAA sanctions and penalties became effective.
- On March 17th, OCR announced that it will waive potential HIPAA penalties for covered entities that serve patients through non-public communication technologies during the COVID-19 public health emergency. Where a covered entity would typically be required to execute a business associate agreement (BAA) with a vendor providing video communication products, under the notice, covered entities may use non-public communication technologies, such as FaceTime and Skype, without an executed BAA. Covered entities are prohibited from using public communication technologies, such as FaceBook Live, Twitch, and TikTok.
- On March 19th, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a guidance document on the use and disclosure of Part 2-protected information during medical emergencies.
In this complimentary webinar, we will review the permitted uses and disclosures of patient information during emergencies under both HIPAA and Part 2 and discuss the most recent updates from OCR and SAMHSA.
We will also provide responses to health center’s most frequently asked questions and suggest best practices to ensure on-going compliance during this challenging period.
- HIPAA Privacy and Security Officers
- Compliance Officers and Risk Managers
- Medical Leadership and Staff
- Administrative/Operations Leadership and Staff
- Substance Use Disorder Services Leadership and Staff
After this webinar, you will be better able to:
- Understand when your health center can use non-public communication technologies (such as FaceTime and Skype) to provide patient care without an executed BAA;
- Develop staff procedures and patient notices to ensure appropriate use of non-public communication technologies; and
- Understand how Part 2-protected information may be disclosed during a medical emergency.
A Partner in the firm’s health law practice group, Molly advises health centers on the management of clinical, employment and workforce-related risks, with a particular focus on professional liability, Federal Tort Claims Act, and HIPAA matters. From her experience as both a private attorney and in-house counsel, Molly knows the importance of managing liability and risk issues in mission-driven organizations. [Full Bio]
As Partner and Compliance Counsel with the firm’s health law practice group, Dianne advises health centers on implementing effective compliance programs and on addressing top compliance risk areas. Dianne counsels health centers and other organizations on developing compliance programs that include the OIG’s seven elements, respond to identified compliance risk areas, and reflect the organization’s culture. Dianne also advises health centers and other organizations on patient privacy and confidentiality, including the HIPAA Privacy Rule and 42 CFR Part 2. She has experience responding to privacy and security incidents, including determining whether there has been a breach, notifying patients and the government, and creating corrective action plans. [Full Bio]
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- 1.00 Certificate of Attendance
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