In response to the rapid developments in telehealth usage, the U.S. Department of Health and Human Services (HHS) has recently released a resource guide detailing best practices for telehealth providers in relation to privacy and security matters under the Health Insurance Portability and Accountability Act (HIPAA). This guide provides essential advice designed to assist telehealth providers in educating their patients about potential privacy and security risks, while concurrently offering strategies to mitigate these dangers.
One fundamental aspect the HHS guidance makes explicit is that the health care providers are not obligated by HIPAA to inform patients about potential security and privacy risks associated with telehealth visits. However, this emphasis on discretion in no way undermines the core tenet of HIPAA, which invariably remains the security of patient information.
The growth in telehealth, accelerated by the pandemic, has shifted traditional methods of patient care and made clear the undeniable benefits of remote patient-clinician interactions. This increased usage, however, brings with it a parallel rise in potential breach points within the providers’ systems. Adhering to the guidance set forth by the HHS will significantly reduce these risks. So, it’s safe to conclude that this guidance is a crucial resource in the telehealth field for both protecting patients and assisting providers.
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full article by Foley & Lardner LLP on JDSupra.