OCR issues enforcement bulletin for Katrina
HIPAA Weekly Advisor, September 19, 2005
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The Office for Civil Rights (OCR) issued a September 9 bulletin explaining how it will enforce HIPAA in areas affected by Hurricane Katrina.
The bulletin notes that under section 1176(b) of the Social Security Act, HHS is prohibited from imposing a civil money penalty in situations where noncompliance is based on reasonable cause, not intentional neglect, and compliance occurs within 30 days. OCR advises that in determining "reasonable cause" and the timing of the 30-day compliance period, it will take into account
- the emergency circumstances of Hurricane Katrina
- the good faith efforts of covered entities to protect PHI and comply with the privacy rule
The bulletin expands upon OCR's September 2 bulletin that outlines accepted scenarios for sharing PHI.
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