Lexology October 25, 2023
Last week, the Office for Civil Rights (“OCR”) issued two pieces of guidance on the privacy and security of protected health information (“PHI”) when using telehealth services. One of the documents is intended to help health care providers explain to patients, in plain language, the privacy and security risks of using remote communication technologies for telehealth (the “Provider Telehealth Guidance”). The other provides tips to patients on how to safeguard their PHI when using video apps and other technologies for telehealth (the “Patient Telehealth Guidance”).
The COVID-19 public health emergency (“PHE”) and OCR’s relaxed HIPAA enforcement and restrictions for telehealth communications during the PHE helped catalyze the widespread use of telehealth by health care providers, leading to more potential risk...