{"id":"AGY-FED-HEALTH-OTHER-001","kind":"order","level":"federal","jurisdiction":"United States (federal); Department of Health and Human Services, Office for Civil Rights","state":"","metro":"","industry":"","agency":"FED-HEALTH-OTHER","eco":"","issuer":"Roger T. Severino, Director, Office for Civil Rights, HHS","authority":"HIPAA, Pub. L. 104-191, and HITECH Act; 45 C.F.R. parts 160 and 164; enforcement discretion under 42 U.S.C. 1320d-5 and 45 C.F.R. 160.402","instrument":"Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)","title":"Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency","dateIssued":"2020-03-17","effective":"2020-03-17 (Federal Register publication Apr. 21, 2020)","end":"2023-05-11 (expiration of the PHE; 90-day transition to Aug. 9, 2023 per 88 Fed. Reg. 22380)","startDate":"2020-03-17","endDate":"2023-05-11","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["HC","TELE","OTHER"],"addressees":["covered health care providers","business associates (video communication vendors)"],"clause":"OCR will exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... Under this notification, however, OCR will not impose penalties against covered health care providers for the lack of a BAA with video communication vendors or any other noncompliance with the HIPAA Rules that relates to the good faith provision of telehealth services during the COVID-19 nationwide public health emergency.","enforcement":"Civil money penalties under 42 U.S.C. 1320d-5 and 45 C.F.R. 160.404 suspended for the covered conduct; the notification is the legal predicate that made the compelled substitution of remote visits for in-person care lawful under HIPAA","functions":["TM telehealth under waivers","CL clinical intake","OF billing and administration","CB patients","PR elective visits converted to remote"],"notes":"Names FaceTime, Facebook Messenger video chat, Google Hangouts video, Zoom and Skype as permitted non-public-facing products; predicate for every physician, dental, behavioral-health, home-health and hospital practice that moved visits to remote platforms in 2020-2021.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2020-04-21/pdf/2020-08416.pdf","snapshot":"","fileExists":true,"fileBytes":202958,"grade":"primary","character":"","description":"","collection":"AGY-FED-HEALTH-OTHER","url":"/library/AGY-FED-HEALTH-OTHER-001","exhibitUrl":"/exhibit/AGY-FED-HEALTH-OTHER-001","citation":"Roger T. Severino, Director, Office for Civil Rights, HHS, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020) (Mar. 17, 2020) (Ex. AGY-FED-HEALTH-OTHER-001)","stateName":"","related":["AGY-FED-HEALTH-OTHER-002","AGY-FED-HEALTH-OTHER-003"]}