HHS Issues Guidance on HIPAA and Audio-Only Telehealth
HHS Issues Guidance on HIPAA and Audio-Only Telehealth
Today,
the U.S. Department of Health and Human Services (HHS), through its
Office for Civil Rights (OCR), is issuing guidance on how covered health
care providers and health plans can use remote communication
technologies to provide audio-only telehealth services when such
communications are conducted in a manner that is consistent with the
applicable requirements of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach
Notification Rules, including when OCR’s Notification of Enforcement Discretion for Telehealth - PDF is no longer in effect.
This guidance will help individuals to continue to benefit from
audio-only telehealth by clarifying how covered entities can provide
these services in compliance with the HIPAA Rules and by improving
public confidence that covered entities are protecting the privacy and
security of their health information.
While telehealth can significantly expand access to health care,
certain populations may have difficulty accessing or be unable to access
technologies used for audio-video telehealth because of various
factors, including financial resources, limited English proficiency,
disability, internet access, availability of sufficient broadband, and
cell coverage in the geographic area. Audio-only telehealth, especially
using technologies that do not require broadband availability, can help
address the needs of some of these individuals.
“Audio telehealth is an important tool to reach patients in rural
communities, individuals with disabilities, and others seeking the
convenience of remote options. This guidance explains how the HIPAA
Rules permit health care providers and plans to offer audio telehealth
while protecting the privacy and security of individuals’ health
information,” said OCR Director Lisa J. Pino.
The Guidance on How the HIPAA Rules Permit Health Plans and Covered
Health Care Providers to Use Remote Communication Technologies for
Audio-Only Telehealth
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| Can a covered entity use existing aspects of the HIPAA Privacy Rule to give individuals the right to decide whether sensitive information about them may be disclosed to or through a health information organization (HIO)? Yes. To the extent a covered entity is using a process either to obtain consent or act on an individual’s right to request restrictions under the Privacy Rule as a method for effectuating individual choice, policies can be developed for obtaining consent or honoring restrictions on a granular level, based on the type of information involved. For example, specific consent and restriction policies could ...read more |
| Radiologist Revises Process for Workers Compensation Disclosures Covered Entity: Health Care Provider Issue: Impermissible Uses and Disclosures A radiology practice that interpreted a hospital patient’s imaging tests submitted a worker’s compensation claim to the patient’s employer. The claim included the patient’s test results. However, the patient was not covered by worker’s compensation and had not identified worker’s compensation as responsible for payment. OCR’s investigation revealed that the radiology practice had relied upon incorrect billing information from the treating hospital in submitting the claim. Among other corrective actions to resolve the specific issues in the case, the practice apologized to ...read more |
| Hospital Implements New Minimum Necessary Polices for Telephone Messages Covered Entity: General Hospital Issue: Minimum Necessary; Confidential Communications A hospital employee did not observe minimum necessary requirements when she left a telephone message with the daughter of a patient that detailed both her medical condition and treatment plan. An OCR investigation also indicated that the confidential communications requirements were not followed, as the employee left the message at the patient’s home telephone number, despite the patient’s instructions to contact her through her work number. To resolve the issues in this case, the hospital developed and implemented several new procedures. ...read more |
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