• Healthcare

End of HIPAA Flexibility in Telehealth

August 21, 2023

Introduction to HIPAA Flexibility Termination

As of August 9th, 11:59 p.m., the HIPAA enforcement discretion policy which provded leniency to healthcare providers in the usage of telehealth, has come to an end. This article delves into the vital details surrounding this development.

Understanding the Policy

Implemented during the COVID-19 pandemic by HHS’ Office for Civil Rights, this policy protected healthcare providers from penalties for HIPAA violations. Providers had to demonstrate sincere efforts to safeguard patient information, but were not penalized for HIPAA violations.

How it Benefited Providers

The temporary policy allowed telehealth services through platforms usually not allowed under HIPAA. Providers could use vendors without needing a signed business associate agreement for patient data protection.

Expiration and the Transition Period

Although the policy expired on May 11, providers were granted a 90-day transition phase. This period has officially ended, meaning healthcare providers must ensure total HIPAA compliance to avoid financial repercussions.

Telehealth Services Going Forward

Healthcare providers must now be stringent about the platforms used, ensuring full compliance with HIPAA regulations. Guidance on adherence to HIPAA rules for audio-only telehealth services has been offered by OCR.

Advocacy by the American Hospital Association

The American Hospital Association (AHA) has called for continued flexibility concerning hospitals’ ability to comply with HIPAA privacy rules. They have specifically sought a permanent option for telehealth coverage under Medicare.

Conclusion: A New Era in Telehealth Compliance

The end of the HIPAA flexibility for telehealth signifies a crucial turning point. The once-temporary policy has reached its conclusion, and healthcare providers must now diligently comply with HIPAA rules. This transition reflects a commitment to maintaining the highest standards in patient data protection and is likely to shape the future of telehealth services.

Sources:
https://www.beckershospitalreview.com/telehealth/hipaa-flexibility-for-telehealth-ends.html