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Notification Rules, including when OCR’s Notification of Enforcement Discretion for Telehealth - PDF is no longer in effect.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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| 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 ...read more |
| Can a covered entity refuse to disclose ePHI to an app chosen by an individual because of concerns about how the app will use or disclose the ePHI it receives? No. The HIPAA Privacy Rule generally prohibits a covered entity from refusing to disclose ePHI to a third-party app designated by the individual if the ePHI is readily producible in the form and format used by the app. See 45 CFR 164.524(a)(1), (c)(2)(ii), (c)(3)(ii). The HIPAA Rules do not impose any restrictions on how an individual or the individual’s designee, such as an app, may use the health information ...read more |
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