This weekend’s mass shooting at an Orlando nightclub is raising questions about whether hospitals should be granted waivers from the privacy provisions of the Health Insurance Portability and Accountability Act when they admit large numbers of patients who are unable to consent to sharing their identity or medical information with those who contact the hospital to look for them.
Several news outlets reported that President Barack Obama and the U.S. Department of Health and Human Services granted Orlando-area hospitals a waiver of HIPAA privacy obligations—in the aftermath of the shooting, which killed 49 people and injured dozens of others—by invoking Section 1135 of the Social Security Act.
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