Lexology January 10, 2024
Many waivers and flexibilities were put into place by federal and state governments to better ensure necessary services could be provided to patients during the COVID-19 pandemic. With the end of the public health emergency, the federal and state governments have had to review and revise such policies, including telehealth access and services. Some flexibilities have expired and were not renewed. For example, the Office of Civil Rights (“OCR”) previously revoked four notifications (88 FR 22380) regarding its enforcement discretion as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), such as, when OCR allowed providers to use non-public facing on-line or web-based applications to conduct telemedicine visits that were not HIPAA compliant.
Other tools have been released...