The Center for Data Insights and Innovation provides the following resources to assist state departments regarding the release of protected health information (PHI) during a state or federal “state of disaster or emergency”:

CDII Guidance

• CA Executive Order N-16-21 – to Extend Telehealth Services Expansion – signed September 27, 2021
• CalOHII Disaster Response and Information Sharing during Emergencies – March 18, 2020
• CalOHII Disaster Response and Information Sharing during Emergencies (ADA COMPLIANT) – March 18, 2020
• State Health Information Guidance, Scenario 8: Sharing Mental Health or Substance Use Disorder Information in an Emergency

Federal Guidance

From Health and Human Services (HHS), Office for Civil Rights (OCR), and Substance Abuse and Mental Health Services Administration (SAMHSA):

• HHS OCR – Updated Guidance on HIPAA and Contacting Former COVID-19 Patients about Blood and Plasma Donation – August 2020
• HHS OCR – Guidance on Covered Health Care Providers and Restrictions on Media Access to Protected Health Information about Individuals in Their Facilities – May 5, 2020
• HHS OCR – Notification of Enforcement Discretion Regarding COVID–19 Community-Based Testing Sites (CBTS) During the COVID–19 Nationwide Public Health Emergency – Federal Register listing May 18, 2020
• HHS OCR – Notification of Enforcement Discretion under HIPAA to Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19 – Federal Register listing April 7, 2020
• HHS OCR – COVID-19 and HIPAA: Disclosures to law enforcement, paramedics, other first responders and public health authorities – March 24, 2020
• SAMSHA – COVID-19 Guidance and Resources – March 23, 2020
  • SAMHSA – COVID-19 Public Health Emergency Response and 42 CFR Part 2 Guidance – March 19, 2020
• HHS OCR – Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency – Federal Register listing April 21, 2020
  • HHS OCR – FAQs on Telehealth and HIPAA during the COVID-19 nationwide public health emergency – March 23, 2020
• HHS OCR – Emergency Situations: Preparedness, Planning and Response
• HHS Guidance on the release of information during a national or public health emergency
• SAMSHA regarding Part 2