HHS Releases Notice of Expiration of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency
Published April 11, 2023
The Department of Health and Human Services (HHS) announced the expiration of the COVID-19 nationwide public health emergency (COVID-19 PHE) by releasing the Notification of Enforcement Discretion and transition period for telehealth.
Previously, four Notifications of Enforcement Discretion were issued by HHS and the Office for Civil Rights (OCR) regarding how the privacy, security, and breach notification rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act will be applied to certain violations during the COVID-19 nationwide public health emergency. The notifications will expire upon expiration of the COVID-19 PHE.
In addition, OCR is affording covered health care providers a 90-calendar day transition period to come into compliance with the HIPAA Rules with respect to their provision of telehealth using non-public facing remote communication technologies.
The notifications expire upon expiration of the COVID-19 PHE, which is currently scheduled for 11:59 p.m. on May 11, 2023.