PRIVACY AND TRANSPARENCY ISSUES REGARDING CORONAVIRUS AND RELIGIOUS INSTITUTES

Sadly, there are increasing accounts of members of religious institutes having been sickened by coronavirus. Unfortunately, there has been at least one death of a member of a religious institute in the United States as reported by national media. 

As a result, the question has arisen as to what information, if any, a religious institute should share with the general public regarding the health of its members in the event of a coronavirus outbreak within a community.

RCRI is of the belief that before any public statement is made, the religious institute should first consult and receive guidance from either the Center for Disease Control (CDC) and/or the local state health department. What information, and who releases such information, may very well be guided by the particular circumstance, including the entity in which the affected member(s) ministers (i.e., ministering in a school, a parish, or a health care facility). The religious institute’s legal counsel should also be consulted before the release of any statement. 

In all aspects, any release of information should also be guided by the following bulletin issued by the Department of Health and Human Services as it concerns coronavirus and HIPAA Privacy Rules. See:

https://www.hhs.gov/sites/default/files/february-2020-hipaa-and-novel-coronavirus.pdf

See also restricted waivers to the HIPAA Privacy Rules in light of the current pandemic:

https://www.hhs.gov/sites/default/files/hipaa-and-covid-19-limited-hipaa-waiver-bulletin-508.pdf

Religious institutes should also be prepared for the possibility of the local state health department requiring it be placed in charge of all substantive public announcements and press conferences, especially if the situation concerns an outbreak in a nursing home or assisted living facility operated by the religious institute – or a housing arrangement that includes a large number of members. In such a case, a statement by the religious institute simply reiterating the general history of the entity and expressing its prayers and support for all those affected would be appropriate. 

Please contact RCRI with any questions or for any additional information.

Christopher J. Fusco, JCL, Esq.

RCRI