OCR Points New Telehealth Steerage

Final week, the Workplace for Civil Rights (“OCR”) launched two new assets designed to help sufferers in understanding the privateness and safety dangers to their well being data related to utilizing telehealth, and steps that may be taken to cut back these dangers.

The first doc offered by OCR is meant to function a useful resource for suppliers on educate their sufferers about these telehealth dangers.  For instance, the doc describes how suppliers ought to clarify what telehealth is to sufferers, the dangers of malware, unauthorized entry and unintended disclosures, and successfully talk with sufferers concerning the suppliers particular makes use of of telehealth. Whereas the doc emphasizes that such schooling will not be required, OCR does state that it views schooling by a supplier as a strategy to improve the standard of care.

The second doc offered by OCR is a listing of “suggestions” for sufferers to think about when utilizing telehealth.  Suppliers may think about directing sufferers to the checklist on OCR’s web site or utilizing this checklist as a handout for sufferers to perform the schooling described within the first doc.

OCR’s assets are well timed given the top to the COVID-19 Public Well being Emergency earlier this 12 months and the top of its coverage of enforcement discretion across the provision of telehealth. As of August 9, 2023, coated entities had been anticipated to be in full compliance with HIPAA concerning their provision of telehealth, together with for instance, utilizing safe platforms and having enterprise associates in place with distributors of telehealth platforms.