COVID19 and Health Information Privacy: Waivers, Enforcement Discretion, and Outstanding Questions

May 26, 2020

The HIT Privacy and Security Risk Compliance and Enforcement Affinity Group will discuss some of the privacy issues raised by COVID-19 under federal and state privacy laws, along with the latest guidance, waivers, and notices of enforcement discretion from the HHS Office for Civil Rights and SAMHSA regarding HIPAA and 42 C.F.R. Part 2. We will also provide an analysis of and recommendations for best practices and privacy and security considerations in acting pursuant to the various regulatory flexibilities, and describe the outstanding questions and remaining gaps resulting from the waivers and other guidance.


Adam H. Greene, Davis Wright Tremaine LLP

Peter Kim, Providence Health & Services

Sean T. Sullivan, Alston & Bird LLP

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