Prepare for closer HIPAA scrutiny of telehealth as states and practices cautiously reopen

Why This Topic Matters

Organizations that relied on temporary telehealth flexibility need to plan for a return to stricter privacy and security expectations. The article helps readers understand the compliance and risk-management issues that may arise as emergency telehealth policies are reduced or withdrawn.

Article Sections

1. PBN Perspectives

   Introductory framing about telehealth policy changes during and after the COVID-19 public health emergency. Sets up the compliance concerns addressed in the article.

2. Enjoy it while it lasts

   Discusses the temporary nature of enforcement discretion and the possibility of renewed attention to HIPAA privacy and security expectations for telehealth. Covers general provider and industry reactions to a return to normal oversight.

3. Good faith, or bad?

   Explores the role of good-faith telehealth use during the emergency period and the importance of documentation and safeguarding measures. Addresses how compliance judgments may be viewed when temporary flexibility ends.

4. You could still get sued

   Reviews remaining breach-response responsibilities and the potential for non-HIPAA legal exposure even when federal enforcement discretion is in place. Also touches on related risk, remediation, and insurance considerations.

5. Resources

   Lists external reference materials and links related to telehealth enforcement discretion and related congressional correspondence.