Lexology March 24, 2020
On March 20, 2020, the Office for Civil Rights at the U.S. Department of Health and Human Services (“OCR”) released guidance in the form of FAQs1 clarifying its notification earlier in the week that it would not penalize health care providers for noncompliance with HIPAA rules in the good faith provision of telehealth during the nationwide COVID-19 public health emergency (the “Notification of Enforcement Discretion” or “Notification”).2
The FAQs clarify that the scope of OCR’s enforcement discretion is “all health care providers that are covered by HIPAA and provide telehealth services during the emergency”,3 and clarifies a number of additional topics, most notably: where telehealth can be conducted; what services can be provided; what constitutes bad faith; and permissible communication...
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