National Law Review March 29, 2021
Throughout the COVID-19 pandemic, federal agencies have sought to allow health care companies more flexibility to use popular technology and applications to better engage with their patients. One example is the Department of Health and Human Services’ Office of Civil Rights (OCR), which issued a notice that it will allow health care providers to use widely-available communications software without fear of violating HIPAA, even if the software does not meet the HIPAA privacy and security requirements. This enforcement discretion allows a covered entity to deliver care via “non-public facing” audio or video communication technology.
OCR has provided a set of Frequently Asked Questions on Telemedicine and HIPAA Waivers, offering helpful guidance and clarification. For example:
11. If a covered health...
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