Jenner & Block

Client Alert: Office of Civil Rights Issues Notification of Enforcement Discretion for Community-Based Testing Sites

On April 9, 2020, the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a Notification of Enforcement Discretion related to community-based testing sites (CBTS). The Notification announces that OCR will exercise enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the Privacy, Security, and Breach Notification Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) against covered health care providers or their business associates in connection with the good faith participation in the operation of a COVID-19 CBTS during the COVID-19 public health emergency. The Notification is effective immediately, but will have retroactive effect to March 13, 2020, and will remain in effect until the public health emergency no longer exists.

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