Lexology June 16, 2022
The Department of Health and Human Services (“HHS”) recently announced guidelines for the application of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) to audio-only telehealth encounters following the end of the declaration of the COVID-19 public health emergency (“PHE”).
As reported here at the beginning of the Covid-19 pandemic, the HHS Office of Civil Rights (“OCR”) announced that it would exercise discretion in enforcing HIPAA regulations so long as a covered entity was acting in good faith in its compliance efforts during the course of the PHE. Recommended minimum good faith efforts included use of non-public facing audio-video technology, notifying patients of the potential privacy risks, use of encrypted technology, and provision of services through HIPAA-compliant technology...
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