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Ex. FED-194 Order Primary source read

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights · United States (HIPAA covered health care providers) (Federal)

The COVID Project

The record

Jurisdiction
United States (HIPAA covered health care providers)
Level
Federal
Authority
HIPAA enforcement discretion (45 C.F.R. parts 160, 164)
Issued
2020-03-17 Mar. 17, 2020
Effective
2020-03-17 ('The 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') (read as 2020-03-17)
End
2023-05-11 (end of the PHE; 90-day transition to Aug. 9, 2023, not verified) (read as 2023-05-11)
In force
Mar. 17, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Health care ordersOther
Addressees
  • every HIPAA covered health care provider (physicians, dentists, behavioral health, hospitals, home health)
Functions reached
  • TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice))
  • CL clinical intake moved remote
  • OF
Collection
Federal health, safety and transport layer FED-A

Operative words

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

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.