The Department of Health & Human Services Office of Civil Rights (“OCR”) has declared a public health emergency for Kentucky due to consequences of severe storms, flooding, landslides, and mudslides.
The Declaration of a Public Health Emergency (PHE) provides limited relief from certain otherwise applicable privacy and civil rights rules under the conditions specified in the Waiver.
OCR’s bulletin on the Limited Waiver of HIPAA Sanctions and Penalties as a Result of the Consequences of Flooding in the Commonwealth of Kentucky available here.
Information about how the HIPAA Privacy Rule applies in a public health emergency is provided on the OCR’S HIPAA Emergency Preparedness, Planning, and Response page or by using the HIPAA Disclosures for Emergency Preparedness Decision Tool.
OCR’s HHS OCR Emergency Preparedness Checklist for Ensuring Language Access and Effective Communication also provides guidance to officials so on ensuring individuals have equal access to emergency services, including access and effective communication,
Information on emergency requirements for long-term care facilities also appears on the CMS Emergency Preparedness Rule page.
Healthcare providers and other covered entities, their business associates and others with data security responsibilities or sensitivities should keep in mind their general obligations under these requirements continue during the disaster except as provided in the Declaration guidance.
We hope this update is helpful. For more information about the these or other health or other legal, management or public policy developments, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452 -8297.
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About the Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 30+ years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications.
A Fellow in the American College of Employee Benefit Counsel, Vice Chair of the American Bar Association (“ABA”) International Section Life Sciences and Health Committee, Past Chair of the ABA Managed Care & Insurance Interest Group, Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, past chair of the the ABA RPTE Employee Benefits & Other Compensation Group and current co-Chair of its Welfare Benefit Committee, Ms. Stamer is most widely recognized for her decades of pragmatic, leading edge work, scholarship and thought leadership on health and managed care industry legal, public policy and operational concerns.
Ms. Stamer’s work throughout her 30 plus year career has focused heavily on working with health care and managed care, health and other employee benefit plan, insurance and financial services and other public and private organizations and their technology, data, and other service providers and advisors domestically and internationally with legal and operational compliance and risk management, performance and workforce management, regulatory and public policy and other legal and operational concerns.
For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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