Home Health & Hospice Week

Medical review discretion is coming to an end, but HIPAA discretion goes on.

You’d better know what’s covered in the HIPAA notice of enforcement discretion — or risk compliance.

In a Frequently Asked Question set, the HHS Office for Civil Rights includes these essential principles of the notification:

• It applies to all covered healthcare providers that provide telehealth services.
• Covered providers can use “professional judgment” to determine the services they offer through telehealth, and those services will be covered under the enforcement discretion.
• It pertains to all patients without limitations, including those who do not have Medicare or Medicaid benefits.
• When covered providers utilize telehealth in “good faith” during the PHE, they will not be subject to HIPAA Privacy, Security, or Breach Rule violations.
• It only concerns telehealth during the PHE; HIPAA compliance should still be utilized in other care situations.
• There is no expiration, and OCR will issue a notice to end the enforcement discretion.