Tag Archives: discretion

HHS Office for Civil Rights Announces the Expiration of COVID-19 Public Health Emergency HIPAA Enforcement Discretion 

Like many regulatory standards, enforcement of HIPAA was relaxed as part of the COVID-19 pandemic response.  With the end of the public health emergency declaration on May 11, 2023, the broad relaxed HIPAA enforcement also will be coming to an end.

“OCR exercised HIPAA enforcement discretion throughout the COVID-19 public health emergency to support the health care sector and the public in responding to this pandemic,” said Melanie Fontes Rainer,… More

Enforcement of HIPAA Rules for Telehealth Relaxed Due to COVID-19 Public Health Emergency

On Friday, March 20, 2020, the Department of Health and Human Services Office for Civil Rights (“OCR”) announced it will “exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.  This notification is effective immediately.”… More

HHS to Reduce Top HIPAA Fines Based on “Level of Culpability”

In a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties issued on April 23, 2019, the Department of Health and Human Services (HHS) exercised “its discretion in how it applies HHS regulations concerning the assessment of Civil Money Penalties (CMPs) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as such provision was amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act” to reduce the maximum annual fines it will impose for HIPAA violations.… More