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Notification Rules, including when OCR’s Notification of Enforcement Discretion for Telehealth - PDF is no longer in effect.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
| Pharmacy Chain Institutes New Safeguards for PHI in Pseudoephedrine Log Books Covered Entity: Pharmacies Issue: Safeguards A grocery store based pharmacy chain maintained pseudoephedrine log books containing protected health information in a manner so that individual protected health information was visible to the public at the pharmacy counter. Initially, the pharmacy chain refused to acknowledge that the log books contained protected health information. OCR issued a written analysis and a demand for compliance. Among other corrective actions to resolve the specific issues in the case, OCR required that the pharmacy chain implement national policies and procedures to safeguard the ...read more |
| 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 |
| Issued by: Office for Civil Rights (OCR) Do the HIPAA Rules allow a covered entity or business associate to use a CSP that stores ePHI on servers outside of the United States? Answer: Yes, provided the covered entity (or business associate) enters into a business associate agreement (BAA) with the CSP and otherwise complies with the applicable requirements of the HIPAA Rules. However, while the HIPAA Rules do not include requirements specific to protection of electronic protected health information (ePHI) processed or stored by a CSP or any other business associate outside of the United States, OCR notes that ...read more |
| May a covered entity use or disclose protected health information for litigation? Answer: A covered entity may use or disclose protected health information as permitted or required by the Privacy Rule, see 45 CFR 164.502(a) (PDF); and, subject to certain conditions the Rule typically permits uses and disclosures for litigation, whether for judicial or administrative proceedings, under particular provisions for judicial and administrative proceedings set forth at 45 CFR 164.512(e) (GPO), or as part of the covered entity’s health care operations, 45 CFR 164.506(a) (PDF). Depending on the context, a covered entity’s use or disclosure of protected health information in ...read more |
|
August 2025
| Su | Mo | Tu | We | Th | Fr | Sa |
| | | | | 1 | 2 |
| 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| 17 | 18 | 19 | 20 | 21 | 22 | 23 |
| 24 | 25 | 26 | 27 | 28 | 29 | 30 |
| 31 |
Blog Home
Newest Blog Entries
1/21/25 Understanding Business Associate Agreements
11/12/22 Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Causing False Claims
11/12/22 Indian National Charged in $8 Million COVID-19 Relief Fraud Scheme
11/12/22 Former Hospital Employee Pleads Guilty To Criminal HIPPA Charges
11/12/22 Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6
11/12/22 The Delaware Division of Developmental Disabilities Services Data Breach
11/12/22 OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA
11/12/22 HHS Issues Guidance on HIPAA and Audio-Only Telehealth
11/12/22 Five Former Methodist Hospital Employees Charged with HIPAA Violations
11/12/22 May a covered entity use or disclose protected health information for litigation?
11/12/22 When does the Privacy Rule allow covered entities to disclose protected health information to law enforcement officials?
Blog Archives
November 2022 (54)
January 2025 (1)
Blog Labels
EHR Fraud (1)
ePHI (2)
Data Breach (1)
PPP Fraud (1)
Covered Entity (40)
HIPAA Enforcement (3)
HIPAA (2)
BAA (4)
Telehealth (1)
|
