Lexology March 17, 2020
Responding to the COVID-19 national public health emergency, on March 13, 2020, the Secretary of the U.S. Department of Health and Human Services (HHS) exercised the authority granted by Section 1135 of the Social Security Act to waive certain requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations for covered hospitals. On March 17, 2020, in response to HHS’ subsequent waiver of certain conditions for payment of telehealth, the HHS Office for Civil Rights (OCR) announced its enforcement discretion to promote greater flexibility with respect to HIPAA privacy and security rule (HIPAA Rules) compliance in telehealth.
Telehealth Flexibility
On March 17, 2020, OCR published a Notification of Enforcement Discretion for telehealth remote communications during the...
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