August 10, 2023
OCR is Turning Up the Heat as their Telehealth Enforcement Discretion is Sizzling Out!
Ah, the sweet heat of summer! That particular time when our ice creams seem to have a faster meltdown than our resolutions of getting that “beach body” (for the third year in a row). Speaking of melting, there’s a hot update simmering in the healthcare compliance oven: the OCR’s telehealth enforcement discretion transition period is officially sunsetting.
But before you start sweating more than after a midday August jog, let’s fan ourselves with the facts.
What’s Cooking?
During the pandemic’s peak, the OCR graciously set our minds (and compliance teams) at ease with a relaxed telehealth enforcement period. Because of the implications of the Public Health Emergency, the government loosened the restrictions on telehealth applications to ensure that patients were still receiving the necessary care needed in a practical manner. Unfortunately, like most summer love stories, the enforcement discretion had to come to an end.
How Can You Protect From Getting Burned?
The sun might be blazing outside, but you don’t have to get scorched. Here’s a simple telehealth-protection formula:
- Know the Regulations: Ensure your practice understands what makes a HIPAA-compliant telehealth solution.
- Get Business Associate Agreements Signed: BAA’s offset liability from your practice to the Business Associate (telehealth provider) should there ever be a breach due to the Business Associate.
- Seek Support and Guidance: If the summer sizzle of telehealth compliance is too much, we at Abyde are your trusty beach umbrella, always ready to provide a cool respite.
