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 info related to utilizing telehealth, and steps that may be taken to scale back these dangers.
The first doc supplied by OCR is meant to function a useful resource for suppliers on how you can 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 unintentional disclosures, and how you can successfully talk with sufferers concerning the suppliers particular makes use of of telehealth. Whereas the doc emphasizes that such training is just not required, OCR does state that it views training by a supplier as a method to improve the standard of care.
The second doc supplied by OCR is a listing of “suggestions” for sufferers to contemplate when utilizing telehealth. Suppliers may contemplate directing sufferers to the record on OCR’s web site or utilizing this record as a handout for sufferers to perform the training described within the first doc.
OCR’s assets are well timed given the tip to the COVID-19 Public Well being Emergency earlier this yr and the tip 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.
