The domain of public health and privacy is constantly evolving, requiring stringent compliance with certain regulations – notably, the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Of particular interest is the recent guidance issued by the U.S. Department of Health and Human Services (HHS) in June 2022, pertaining to the use of remote communication technologies for audio-only telemedicine, and the compliance requirements of the same under HIPAA.
Read more about this guidance here.
The HHS’s new guidance must be understood carefully. On the face of it, it might suggest a certain legality of audio-only telemedicine services across the board. However, such interpretation could be dangerously misguided.
It is critical to comprehend that while the guidance facilitates the delivery of audio-only telemedicine in compliance with HIPAA, it does not negate the fact that the legality of such services can vary significantly according to geographical jurisdiction. Furthermore, the subject of whether or not these services comply with state reimbursement laws remains a complex issue.
To leverage the possibilities that telemedicine holds today, it is essential for corporations and legal professionals to have a comprehensive understanding of the federal and state regulations concerning healthcare. The metamorphosis of healthcare services from a traditional hands-on approach to a digital, remote model calls for a deep and updated knowledge of laws, to ensure legal compliance while maximizing the potential of technology.