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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

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
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