Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Time to Update Your HIPAA Compliance Plan for Telehealth Policies and Procedures

Client Alert
September 8, 2020

The delivery of healthcare in this country may be forever changed following the COVID-19 pandemic. Providing services through telehealth technologies initially allowed providers to connect with patients in a safe and socially distant manner and helped keep vital hospital beds free for COVID-19 care. Now, while still a safe, socially distant option, telehealth allows patients to access healthcare services in an efficient manner, decreases the likelihood of cancellations, and expands access to services that do not require an in-person encounter (i.e., surgery, procedure, or test). Telehealth is now widely reimbursed by both federal and commercial payors and more provider types are able to provide telehealth services within their licensed scope of practice.

While the use of technology by both providers and patients is now commonplace in the industry, protected health information (PHI) must be safe and secure. Providers are still obligated to keep PHI confidential and comply with the rules and requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). An increased frequency of technology introduces another avenue for potential risk and unauthorized uses or disclosures of PHI.

At the start of the COVID-19 public health emergency, the Office of Civil Rights (OCR), responsible for enforcing HIPAA, issued a notice of enforcement discretion to not impose penalties against healthcare providers for noncompliance with the regulatory requirements under HIPAA in connection with the good faith provision of telehealth through the duration of the national emergency. As of September 8, 2020, this enforcement discretion is still in place. It will not remain forever and enforcement actions are still at the decision of the OCR. Therefore, in a world with an increased use of technology for healthcare services and the risk of more unauthorized uses or disclosures of PHI, providers should still comply with all of the HIPAA rules and regulations and incorporate telehealth in a compliance plan and/or HIPAA policies and procedures.

The Healthcare and Hospital Law Department at Brennan Manna & Diamond, LLC is here to help account for telehealth and the increased use of technology in your current HIPAA compliance plan to ensure the safety and privacy of the PHI you create and/or maintain. The BMD team can help your practice mitigate risk in the ever changing healthcare delivery world. 

 

HealthcareCOVID-19telehealthtechnologyPHIHIPAAHIPAA ComplianceOCRregulatory requirementsenforcement actionscomplianceKevin CripeBMD Healthcare & Hospital Law Group
Client Alert

Pre and Postnuptial Agreements | Necessary, Maybe, What Happened to Forever?

November 7, 2025Both Florida and Ohio now allow clients to enter into a prenuptial or postnuptial agreement prior to marriage or after marriage (Ohio previously did not allow postnuptial agreements). Both documents have statutory guidelines that must be followed in terms of execution and financial disclosure.Client Alert

DHS Ends All Employment Authorization Auto-Extensions

October 29, 2025Effective October 30, 2025, DHS ends all automatic work authorization renewals. The 540-day extension applies only to renewals filed before this date, and there is no grace period for expired EADs filed on or after October 30. Employers must audit EADs, train staff, ensure I-9 compliance, and plan for work authorization gaps. Penalties for noncompliance can be severe.Client Alert

CMS’s Rural Health Funding Announcement

October 27, 2025CMS has announced a $50 billion Rural Health Transformation (RHT) Program to improve healthcare access, quality, and outcomes in rural communities. All states are eligible to apply for funding by November 5, 2025. Half of the funds will be distributed equally, with the remainder based on state-specific factors. The program supports evidence-based initiatives, workforce recruitment, and access to treatment services, with awards assessed annuallyClient Alert

Expanding Access to Care: Ohio’s Effort to Modernize APRN Practice Through Ohio SB 258 and HB 508

October 24, 2025Ohio is moving to expand access to healthcare through Senate Bill 258 and House Bill 508, which would modernize APRN practice by removing the outdated requirement for a physician contract. This change would allow nurse practitioners, nurse midwives, and clinical nurse specialists to provide care more efficiently, especially in underserved areas, while maintaining high-quality, cost-effective care.Client Alert

Cleveland Joins the Pay Transparency Movement: What Employers Need to Know

October 21, 2025Beginning October 27, 2025, all Cleveland employers with 15 or more employees will be prohibited from asking applicants about their pay history and will be required to include reasonable pay ranges in all job postings where the position will be performed, solicited, considered, or processed in Cleveland. The ordinance is intended to help close the gender wage gap and promote greater pay equity across the city.
Older posts