Ease of restrictions for telemedicine.

Another government regulating agency follows up with ease of restrictions for telemedicine.

From   OCR ( Office for Civil Rights ) at the Department of Health and Human Services (HHS ) regarding HIPAA use this link.

Notification of Enforcement Discretion for telehealth remote communications during the COVID-19 nationwide public health emergency

We are empowering medical providers to serve patients wherever they are during this national public health emergency. We are especially concerned about reaching those most at risk, including older persons and persons with disabilities. – Roger Severino, OCR Director.
The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) is responsible for enforcing certain regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act, to protect the privacy and security of protected health information, namely the HIPAA Privacy, Security and Breach Notification Rules (the HIPAA Rules). 

During the COVID-19 national emergency, which also constitutes a nationwide public health emergency, covered health care providers subject to the HIPAA Rules may seek to communicate with patients, and provide telehealth services, through remote communications technologies.  Some of these technologies, and the manner in which they are used by HIPAA covered health care providers, may not fully comply with the requirements of the HIPAA Rules. 

OCR will exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the CoVID-19 nationwide public health emergency. This notification is effective immediately.

A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the CoVID-19 nationwide public health emergency can use any non-public facing remore communication product that is available to communicate with patients. OCR is exercising its enforcement discretion to not impose penalties for nocompliance with the HIPAA Rules in connection with the good faith provision of telehealth using such non-public facing audio or video communication products during the CoVID-19 nationwide public health emergency. This exercise of descretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to CoVID-19.

For example, a covered health care provider in the exercise of their professional judgement may request to examine a patient exhibiting CoVID- 19 symptoms, using a video chat application connecting the provider’s or patient’s phone or desktop computer in order to assess a greater number of patients while limiting the risk of infection of other persons who would be exposed from an in-person consultation.  Likewise, a covered health care provider may provide similar telehealth services in the exercise of their professional judgment to assess or treat any other medical condition, even if not related to CoVID-19, such as a sprained ankle, dental consultation or psychological evaluation, or other conditions.

 

Author: Seymore Bones

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