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Notification Rules, including when OCR’s Notification of Enforcement Discretion for Telehealth - PDF is no longer in effect.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
| TYLER, Texas — U.S. Attorney John M. Bales announced today that a former employee of an East Texas hospital has pleaded guilty to criminal HIPAA charges in the Eastern District of Texas. Joshua Hippler, 30, formerly of Longview, Texas, was indicted on March 26, 2014, on charges of Wrongful Disclosure of Individually Identifiable Health Information. Hippler pleaded guilty on August 28, 2014 during a hearing before United States Magistrate Judge John D. Love. The indictment alleged that from December 1, 2012, through January 14, 2013, Hippler, who was then an employee of a covered entity under HIPAA, obtained protected ...read more |
| May a covered entity dispose of protected health information in dumpsters accessible by the public? For example, depending on the circumstances, proper disposal methods may include (but are not limited to): Shredding or otherwise destroying PHI in paper records so that the PHI is rendered essentially unreadable, indecipherable, and otherwise cannot be reconstructed prior to it being placed in a dumpster or other trash receptacle.Maintaining PHI for disposal in a secure area and using a disposal vendor as a business associate to pick up and shred or otherwise destroy the PHI.In justifiable cases, based on the size and the ...read more |
| What is a covered entity’s obligation under the Breach Notification Rule if it transmits an individual’s PHI to a third party designated by the individual in an access request, and the entity discovers the information was breached in transit? This guidance remains in effect only to the extent that it is consistent with the court’s order in Ciox Health, LLC v. Azar, No. 18-cv-0040 (D.D.C. January 23, 2020), which may be found at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv0040-51. More information about the order is available at https://www.hhs.gov/hipaa/court-order-right-of-access/index.html. Any provision within this guidance that has been vacated by the Ciox Health decision is rescinded. ...read more |
| Physician Revises Faxing Procedures to Safeguard PHI Covered Entity: Health Care Provider Issue: Safeguards A doctor's office disclosed a patient's HIV status when the office mistakenly faxed medical records to the patient's place of employment instead of to the patient's new health care provider. The employee responsible for the disclosure received a written disciplinary warning, and both the employee and the physician apologized to the patient. To resolve this matter, OCR also required the practice to revise the office's fax cover page to underscore a confidential communication for the intended recipient. The office informed all its employees of the ...read more |
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