The U.S.
Department of Health and Human Services (HHS) Office of Civil Rights
(OCR) has issued guidance easing enforcement of HIPPA violations for
providers who attempt good faith provision of telehealth during the
ongoing COVID-19 public health emergency. The non-enforcement is not
limited to providers treating or diagnosing symptoms of COVID-19 and OCR
stated, “This exercise of discretion applies to telehealth provided for
any reason.” Apps like FaceTime, Google Hangouts, Skype, Facebook
Messenger, as well as existing HIPAA approved services can be used to
treat patients. However, providers should not use public facing video
apps like Facebook Live, Twitch, or TikTok in the provision of care.

This guidance follows action by the Centers for Medicare and
Medicaid Services (CMS) increasing access to telehealth services in
Medicare, which allows providers to furnish care that is normally
in-person through telehealth and be reimbursed at the same rate during
the ongoing public health emergency. CMS also removed Medicare
requirements that providers be at their offices to administer care via

OCR Telehealth Guidance

CMS Telehealth Press Release

CMS Medicare Telehealth Fact Sheet

CMS Medicare Telehealth FAQs

NADP will
continue to monitor federal activity on COVID-19 and provide timely
updates as new bills and policies are announced or enacted. If you have
any questions or comments, please contact Owen Urech.

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