{"id":"FED-194","kind":"order","level":"federal","jurisdiction":"United States (HIPAA covered health care providers)","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"HHS Office for Civil Rights","authority":"HIPAA enforcement discretion (45 C.F.R. parts 160, 164)","instrument":"Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency","title":"Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)","dateIssued":"2020-03-17","effective":"2020-03-17 (\u0027The Notification of Enforcement Discretion went into effect on March 17, 2020, and will remain in effect until the Secretary of HHS declares that the public health emergency no longer exists\u0027)","end":"2023-05-11 (end of the PHE; 90-day transition to Aug. 9, 2023, not verified)","startDate":"2020-03-17","endDate":"2023-05-11","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","OTHER"],"addressees":["every HIPAA covered health care provider (physicians, dentists, behavioral health, hospitals, home health)"],"clause":"As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) 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.... 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 remote communication product that is available to communicate with patients.... This exercise of discretion 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.","enforcement":"Non-enforcement of HIPAA penalties for good-faith telehealth","functions":["TM telehealth (physician practices, behavioral health, dental consultations (\u0027dental consultation or psychological evaluation\u0027 named in the notice))","CL clinical intake moved remote","OF"],"notes":"The federal instrument that made the compelled shift to telehealth lawful under HIPAA from March 17, 2020 for the whole claim period; it is the manner-of-operation change, not a voluntary one, when read with the State elective-care and stay-at-home orders that closed the waiting rooms.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-04-21/pdf/2020-08416.pdf","snapshot":"","fileExists":true,"fileBytes":202958,"grade":"primary","character":"","description":"","collection":"FED-A","url":"/library/FED-194","exhibitUrl":"/exhibit/FED-194","citation":"HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)","stateName":"","related":[]}