![]() On average, the OIG Office of Evaluation and Inspections conducts hundreds of audits each year. HIPAA authorized the OIG to provide guidance to the healthcare industry to promote lawful conduct-which the department conducts through a nationwide program of audits, inspections, and investigations. Department of Health and Human Services established the Office of the Inspector General (OIG) to identify and eliminate fraud and abuse. While texting and other communication methods using portable electronic devices is common practice in the healthcare industry, it is a violation of HIPAA unless the covered entity warned the patient about the risk of unauthorized disclosure and obtained the patient’s consent to communicate by text-both of which must be documented. The provider is also responsible for ensuring the overall safety and security of telehealth encounters, including patient privacy and protecting the security of all data containing Protected Health Information (PHI). ![]() ![]() Facilities and providers remain responsible for protecting the health information of their patients, through clinical communication within a facility as well as outbound communication directly with a patient.Ī healthcare provider is required to maintain the privacy and security of patient interactions during telehealth appointments in the same manner as they would during an in-person visit. It is also important to note that throughout the COVID-19 pandemic, legal requirements for security of protected health information (PHI) under the HIPAA Privacy Rule remained in place. There is currently no set expiration date for the HIPAA waivers, yet experts believe the rules are bound to return and healthcare professionals must be prepared to remain in compliance or risk massive monetary penalties. Healthcare facilities will be required to obtain consent from their patients via another method, such as in writing or a digital signature on an electronic form. Throughout the pandemic it is standard for healthcare providers to obtain verbal consent from their patients, which will soon no longer be compliant. The waivers also relaxed the informed consent requirement for telehealth, yet this will likely be reinstated as well. The issuance applied to almost any communication technology for any telehealth treatment or diagnostic purpose, no matter if the telehealth service was directly related to COVID-19. More than a year and a half ago, the federal government issued a Notification of Enforcement Discretion for telehealth communication in response to the COVID-19 Pandemic-allowing healthcare facilities and physicians to use standard communication apps, such as FaceTime or Skype, to deliver patient care. ![]() Healthcare providers, facilities should implement best practices ahead of HIPAA waiver expiration.HIPAA waiver applies to telehealth only, privacy rules still in place.HIPAA Enforcement Discretion has no current expiration date. ![]()
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