Lexology November 2, 2023
Last week, the Office for Civil Rights (“OCR”) released two new resources designed to assist patients in understanding the privacy and security risks to their health information associated with using telehealth, and steps that can be taken to reduce those risks.
The first document provided by OCR is intended to serve as a resource for providers on how to educate their patients about these telehealth risks. For example, the document describes how providers should explain what telehealth is to patients, the risks of malware, unauthorized access and accidental disclosures, and how to effectively communicate with patients about the providers specific uses of telehealth. While the document emphasizes that such education is not required, OCR does state that it views education...