Providers granted 90 days following end of PHE to comply with HIPAA telehealth rules
OCR is continuing to support telehealth use by providing a transition period for providers to make changes to their operations, says director.
Photo: Lulis Alvarez/Getty Images
The Office of Civil Rights is providing a 90-day transition period for healthcare providers to come into compliance with the HIPAA Rules regarding telehealth, according to the Department of Health and Human Services OCR.
The transition period will be in effect beginning on May 12 and will expire at 11:59 p.m. on August 9.
OCR said it would continue to exercise its enforcement discretion and not impose penalties on covered providers for noncompliance during the 90- day transition period.
During the public health emergency, providers did not have to be licensed in the state where the patient was located. They were allowed to treat patients in other states.
Also under the PHE, non-HIPAA compliant platforms were allowed as long as they were not public facing.
Both of these flexibilities are coming to an end with the PHE on May 11, with providers now getting a 90-day grace period.
Other telehealth provisions expire at the end of 2023 and 2024.
WHY THIS MATTERS
HIPAA Enforcement Discretion is expiring with the end of the COVID-19 Public Health Emergency on May 11, according to the OCR notice on April 11.
OCR issued four Notifications of Enforcement Discretion that applied to certain violations of HIPAA rules during the PHE. These were related to community-based testing sites; using protected health information for public health; scheduling appointments for COVID-19 vaccinations; and telehealth.
THE LARGER TREND
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the COVID-19 public health emergency will expire at 11:59 pm on May 11, with the expiration of the COVID-19 public health emergency.
In 2020 and 2021, OCR published four Notifications of Enforcement Discretion in the Federal Register regarding how the Privacy, Security, Breach Notification, and Enforcement Rules of HIPAA would be applied to certain violations during the COVID-19 nationwide public health emergency.
These Notifications and the effective beginning and ending dates are:
- Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergency, effective from March 13, 2020, to 11:59 pm May 11, 2023.
- Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency, effective from March 17, 2020, to 11:59 pm May 11, 2023.
- Enforcement Discretion Under HIPAA To Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities in Response to COVID-19, effective from April 7, 2020, to 11:59 pm May 11, 2023.
- Enforcement Discretion Regarding Online or Web-Based Scheduling Applications for the Scheduling of Individual Appointments for COVID-19 Vaccination During the COVID-19 Nationwide Public Health Emergency, effective from December 11, 2020, to 11:59 pm May 11, 2023.
The Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency may be found at: https://public-inspection.federalregister.gov/2023-07824.pdf - PDF.
ON THE RECORD
"OCR exercised HIPAA enforcement discretion throughout the COVID-19 public health emergency to support the healthcare sector and the public in responding to this pandemic," said Melanie Fontes Rainer, OCR Director. "OCR is continuing to support the use of telehealth after the public health emergency by providing a transition period for healthcare 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."
Twitter: @SusanJMorse
Email the writer: SMorse@himss.org
Glen Tullman will offer more detail in the HIMSS23 session "Views from the Top: Existential Crisis or Inflection Point Opportunity? An Industry Maverick's Perspective." It is scheduled for Tuesday, April 18, at 3 p.m. – 4 p.m. CT at the South Building, Level 1, room S100 B.
