Hawaii wildfires prompt limited waiver of HIPAA sanctions

The wildfires in Maui have taken a devastating toll, with the death count in Lahaina reaching 80. As recovery efforts continue, the federal government has stepped in, with President Biden declaring a state of emergency and HHS Secretary Xavier Becerra announcing a public health emergency to address the health impacts. This declaration comes with a limited waiver of HIPAA sanctions and penalties, aiming to facilitate a more efficient response to the crisis.

The big picture

The Lahaina wildfire, now among the deadliest in the US in recent years, has displaced thousands and caused extensive damage to infrastructure. Electricity remains out in much of West Maui, cell service is spotty, and there are concerns about contaminated tap water. Fueled by Hurricane Dora winds, the fire left residents with minutes to evacuate, many escaping with just the clothes on their backs.

Details from the source:

• The wildfire's rapid spread was exacerbated by winds from Hurricane Dora, reaching speeds of over 50 mph.
• Governor Josh Green described the destruction in Lahaina as "catastrophic," noting that the town, a popular tourist destination and former seat of the Hawaiian kingdom, is virtually "gone."
• The HHS has deployed a team of 13 responders, including specialists from the National Disaster Medical System (NDMS), to support emergency response efforts in Hawaii.

HHS's Role

• HHS Secretary Xavier Becerra declared a Public Health Emergency (PHE) for Hawaii following President Biden's major disaster declaration. This allows greater flexibility for healthcare providers in the Medicare & Medicaid programs to meet emergency health needs.
• The waiver under Section 1135 of the Social Security Act means that healthcare providers can, in good faith, provide services without facing sanctions for non-compliance due to the wildfires' consequences. This includes certain conditions of participation, licensing requirements, and other stipulations.
• The waiver also includes provisions related to HIPAA privacy regulations, ensuring that hospitals can operate under disaster protocols without facing penalties for certain non-compliances.

Between the lines

The situation in Maui underscores the severity of the wildfires and the urgent need for coordinated response efforts. The federal government's involvement, especially the waivers and modifications, aims to ensure that healthcare providers can effectively address the crisis without bureaucratic hindrances.

What's next:

• The official Declaration of a Public Health Emergency (PHE) can be accessed here.
• A PDF detailing the Limited Waiver of HIPAA Sanctions and Penalties due to the emergency conditions in Hawaii will soon be posted on OCR's HIPAA Emergency Preparedness and Response page but can be seen here in the meanwhile.

Go deeper:

• To understand how the HIPAA Privacy Rule is applied during a public health emergency, visit the OCR's HIPAA Emergency Preparedness, Planning, and Response page or utilize the HIPAA Disclosures for Emergency Preparedness Decision Tool.
• For guidelines on emergency requirements for long-term care facilities, consult the CMS Emergency Preparedness Rule page.
• Supporting the upcoming wave of psychological aid needed on Maui
• Paubox supports wildfire relief efforts via Maui Strong Fund