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Federal statutes and regulations cannot be waived or suspended by the Governor. However, during a catastrophic disaster, the Governor may make a request to the federal Secretary of Health and Human Services requesting waiver of specific federal statutes and regulations. The following provisions could be waived.
- Patients Right to Request Privacy Restrictions and Confidential Communications – 45 CFR 164.522; 42 USC Section 1320b-5(b)(7)(C)
- Requirement to Obtain Patient Consent to Speak with Family or Friends – 45 CFR 164.510
- Requirement to Honor Opt-Out Request Obtain for Facility Directory – 45 CFR 164.510
- Requirement to Distribute Notice – 45 CFR 164.520; 42 USC Section 1320b-5(b)(7)(B)