HHS Office for Civil Rights Announces the Expiration of COVID-19 HIPAA Enforcement Discretion and Transition Period for Telehealth

U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) Notification

Key Points

  • Providers required to follow HIPAA will have a 90-day transition period (ending August 9, 2023) to come into full compliance with HIPAA regarding the provision of telehealth, including the use of non-public facing applications that allow for video chat (e.g., Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, Zoom, or Skype).
  • Providers required to follow HIPAA may use the transition period to adjust their telehealth practices to come into compliance with the HIPAA, such as by choosing a telehealth vendor that will enter into a business associate agreement and comply with applicable requirements of the HIPAA Rules.
  • OCR has published guidance and frequently asked questions about HIPAA-compliant telehealth practices.