Lexology April 22, 2020
The U.S. Department of Health and Human Services (“HHS”) has announced a plan of enforcement discretion regarding telehealth communications and testing sites during the COVID-19 Nationwide Public Health Emergency. As a result, HHS will not impose penalties for covered healthcare providers’ noncompliance with HIPAA in connection with the good faith provision of telehealth during the emergency. Roger Severino, Director of the HHS Office for Civil Rights (“OCR”), explained the decision was motivated by a desire to, “empower[..] medical providers to serve patients wherever they are during this national public health emergency. We are especially concerned about reaching those most at risk, including older persons and persons with disabilities.”
As a result, any covered healthcare provider may use any non-public facing...
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