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1 1 (July 09, 2020)

handle is hein.crs/govdauo0001 and id is 1 raw text is: Resarh Set-wkc COVID-19: Digital Contact Tracing and Privacy Law July 9, 2020 Many states, territories, and localities have implemented public health orders to limit the spread of Coronavirus Disease 2019 (COVID-19) in their respective communities, including stay-at-home orders, orders temporarily closing schools and businesses, and orders limiting the size of public gatherings. In preparation for the eventual relaxation and lifting of these orders, the Centers for Disease Control and Prevention (CDC) have advocated that public health authorities use robust contact tracing procedures to prevent the reoccurrence of widespread infections after communities reopen. While federal entities may advise on these procedures, state and local authorities are responsible for contact tracing operations, as provided by state law. The term contact tracing generally refers to identifying and monitoring people who have been in contact with someone diagnosed with an infectious disease, in order to locate other potentially infected individuals quickly and take targeted control measures (such as quarantines) to prevent the broader spread of the illness. Contact tracing is standard procedure in public health investigations, and historically involves officials interviewing and contacting infected and potentially-exposed persons. However, some of the contact tracing proposals aimed at controlling the spread of COVID- 19 suggest supplementing traditional contact tracing procedures with technology to collect data electronically. These proposals raise questions about how federal laws governing health information privacy may apply to electronic or digital contact tracing. One such provision is the HIPAA Privacy Rule, which refers collectively to regulations promulgated by the Department of Health and Human Services (HHS) under the Health Insurance Portability and Accountability Act (HIPAA). This Sidebar discusses the HIPAAPrivacy Rule's application to digital contact tracing and briefly discusses other federal laws that regulate data privacy. HIPAA Privacy Rule Overview The HIPAA Privacy Rule regulates the use and disclosure of protected health information (PHI) by covered entities and their business associates. Covered entities include health plans, health care clearinghouses, and health care providers who transmit electronic health information in connection with a flIPAA-covered trans action (such as billing). A health plan is an individual or group plan that provides, or pays the cost of, medical care. This inc ludes health insurancec ompanies, health maintenance organizations (HMOs), and government programs, such as Medicaid and Medicare, that pay for Congressional Re search Service https://crsreports.congress.gov LSBI0511 CRS Lega i&sebar Prepa red.r M- :embersand C o m m ; .. e e s o f Cen go loC o ---------------.. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------..........

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