HIPAA enforcement discretion to end with COVID-19 public health emergency

Apr 11, 2023 - 04:01 PM

HIPAA enforcement discretion implemented for the COVID-19 public health emergency will expire with the end of the PHE on May 11, but covered health care providers will have until Aug. 9 to comply with the HIPAA rules with respect to telehealth, the Department of Health and Human Services’ Office for Civil Rights announced today. 

“OCR is continuing to support the use of telehealth after the public health emergency by providing a transition period for health care providers to make any changes to their operations that are needed to provide telehealth in a private and secure manner in compliance with the HIPAA Rules,” explained OCR Director Melanie Fontes Rainer.

OCR in 2020 implemented enforcement discretion policies under HIPAA and the Health Information Technology for Economic and Clinical Health Act for community-based testing sites; telehealth remote communications; use and disclosure of protected health information by business associates; and online scheduling for COVID-19 vaccination. 
 

Related News Articles

Headline
Senator Thune touts support for telehealth, urges solution-oriented advocacy 
Sen. John Thune, R-S.D., April 16 updated AHA members on progress to extend telehealth waivers, offering hope that a solution will arise in end-of-year…
Headline
Virginia congressman champions telehealth, will push to extend expiring policies
Rep. Morgan Griffith, R-Va., touted the benefits of telehealth April 15, saying it is uncovering hidden health care savings by encouraging patients to seek…
Headline
AHA to court: Revised OCR bulletin on online tracking technologies still unlawful
The Department of Health and Human Services’ revised “bulletin” for HIPAA covered entities and business associates using online tracking technologies only…
Headline
AHA urges Congress to make telehealth flexibilities permanent
In a statement submitted April 10 to the House Energy and Commerce Subcommittee on Health for a hearing on legislative proposals to support patient access to…
Headline
CMS urged not to require certain telehealth providers to list home address
AHA again urged the Centers for Medicare & Medicaid Services March 20 to permanently allow telehealth providers to administer services from their homes…
Headline
AHA voices support for extending Medicare telehealth, hospital at home flexibilities
AHA March 12 shared with the House Ways and Means Committee how telehealth and hospital-at-home (H@H) programs have expanded access to care for patients in…