The HHS Office for Civil Rights announced that it will use discretion as it enforces HIPAA-compliance for telehealth communication tools during the coronavirus pandemic.
Though some of these technologies might not be in full compliance with HIPAA requirements, OCR says it will restrain from executing penalties for noncompliance with the regulatory requirements under the HIPAA Rules, against healthcare providers covered with reference to good faith provision of telehealth during the challenge of COVID-19.
Covered entities who seek the use of audio or video communication to get in touch with patients where they live can use any non-public facing remote communication product available to communicate with patients, declared the agency. It also mentioned that this exercise of discretion will apply to telehealth provided for any reason, irrespective of whether the telehealth service is related to diagnosis and treatment of health condition with relation to COVID-19.
In order to broaden the use of remote consults during the coronavirus outbreak, OCR says providers will be allowed to temporarily use applications like Apple FaceTime, Facebook Messenger video chat, Google Hangouts video or Skype.
OCR makes a note, that healthcare providers should tell patients that these third-party apps can pose privacy risks. Also, providers should be able to enable all the available encryption and privacy modes when they use these applications.
OCR specifies that Facebook Live, Twitch, TikTok, other public-facing video communication should not be used while extending telehealth facilities.
Telehealth offers an essential link between patients and healthcare professionals while eliminating the need to travel to overburdened hospitals.
Centers for Medicare and Medicaid Services expanded Medicare telehealth coverage so that more patients get access to virtual care services from their providers during COVID-19 pandemic.
OCR Director Roger Severino mentioned that their aim was to empower medical providers to treat patients wherever they are during this national public health emergency. He said that OCR is concerned about connecting with people at high risk, which includes older persons and people with disabilities.