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Is Your Telehealth Solution HIPAA Compliant?

July 2, 2020

Ever thought you’d be saying “What’s up Doc?” on a video chat from home? Telehealth has made remote visits a new reality – though not all telehealth providers have been created equal when it comes to being HIPAA compliant. Why is it important for telehealth to be compliant? 90% of healthcare executives have already or are planning to adopt telehealth services within their operations, and as remote patient care continues to explode in popularity so do the risks to compromising that patient information.

Part of telehealth’s current popularity is due to COVID-19. To best meet the urgency  brought on by COVID-19, the Office for Civil Rights (OCR) provided an update to the provision of telehealth services allowing providers to use any form of non-public facing video communications with patients, even if they weren’t considered ‘HIPAA compliant.’ While this enforcement discretion is only temporary, we can predict that the general public will prefer to keep their distance and avoid face-to-face doctor visits if possible for the foreseeable future. In fact, a recent study found that 74% of Americans would be comfortable and willing to use telehealth services for their doctors appointments.   

While COVID-19 has made a major impact on telehealth services, the ability to provide care remotely has been growing in popularity for several years. The value of telehealth goes beyond allowing for social distancing between patients and providers, including: 

  • Removing access barriers to older or disabled patients unable to easily get to the doctors office
  • Allowing providers to see more patients within a shorter period of time
  • Reducing likeness of no-shows or canceled appointments
  • Decreasing overhead costs and expanding profits   

With all the benefits presented in utilizing telehealth services, there are also additional risks to be aware of. The following are some key recommendations for implementing telehealth in the most secure way possible:   

  • Use a HIPAA Compliant Telehealth Provider – like Abyde’s trusted telehealth partner, Updox
  • If using a telehealth mobile app, make sure the device being used is password-protected and that you have a secure login to the telehealth software
  • Provide additional employee HIPAA training on using telehealth specifically
  • Get explicit permission from patients to contact them remotely, such as sending an ‘opt-in’ confirmation. 
  • Ensure all remote communications with patients (even just to discuss the appointment time or a follow-up visit) are done in a secure manner. 
  • Enter into Business Associate Agreements with all vendors involved in your telehealth program. This includes the telehealth service provider as well as any encryption companies that you may utilize.   

The explosion of telehealth providers to meet the new demand after COVID-19 has seen some great – and some not so great – products within the telehealth market. If you are looking into adding a telehealth solution, be sure it is one that has proper safeguards and programming to prevent and contain possible cyber threats. An unsecured telehealth provider could make your patient data vulnerable – such as chatbot and telehealth startup Babylon Health, whose users found dozens of videos of other patients’ appointment consultations in their app due to a software glitch. While the issue was quickly corrected, implementing a non-compliant telehealth app creates a high risk for potentially compromising patient data.

As the healthcare industry continues to implement technology solutions, it’s important to ensure that sensitive patient information remains safeguarded from additional risks that technology presents. Utilizing HIPAA compliant providers for telehealth and having the proper Business Associate Agreements in place are key to providing the most effective and protective services for your patients.

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What Every Dental Practice Can Learn From the $140K Shen Smiles Settlement

October 9, 2026 Penelope Schweitzer No comments yet

October 9, 2026 The latest HIPAA settlement doesn’t involve a hospital system or a massive ransomware attack. It involves a practice that probably looks a lot like yours. Shen Smiles is a solo dental practice in Drums, Pennsylvania. It started with a former patient’s complaint about getting their health records. It led to a broader OCR investigation and a $140,000 settlement. The lesson? Every HIPAA-regulated organization, big or small, can face enforcement.   What happened? Under federal law, patients must be given access to their records within 30 days, with one possible 30-day extension if the patient is notified in writing within the first 30 days. In April 2020, a former patient’s attorney filed a complaint with the Office for Civil Rights (OCR). The complaint alleged that the patient had requested their records multiple times without receiving access. The public documents don’t say when the first request was made. OCR’s investigation went beyond the original complaint. According to the resolution agreement, OCR found that patient records weren’t properly maintained and that staff hadn’t received formal HIPAA Privacy Rule training. OCR also said the practice couldn’t produce evidence that it had HIPAA policies and procedures in place, including for patient access requests, or that it had reasonably safeguarded patient information. During the investigation, the practice stated that it couldn’t provide the records because a workforce member had stolen them. The public documents don’t address whether a breach assessment was done. As a general rule, though, HIPAA presumes that an impermissible acquisition, access, use, or disclosure of unsecured patient information is a breach. A breach can require notifying HHS and affected patients, including steps patients can take to protect themselves. These are baseline requirements every covered entity is expected to have in place. Policies and training give a team a HIPAA playbook. Without one, staff at any practice may not know what to do when a patient asks for records or records go missing. OCR proposed a $140,000 civil money penalty in July 2024. Shen Smiles requested a hearing before an administrative law judge, but the two sides reached a resolution agreement in August 2026, before the hearing took place. Under the agreement, the practice agreed to pay $140,000. The agreement is not an admission of liability.   The Takeaway for Practices Patient access has been an OCR priority for years through its HIPAA Right of Access Initiative, and this case marks its 56th Right of Access enforcement action. It also took more than six years from complaint to resolution. As this case shows, a single complaint can lead to a broader look at your compliance program. Now is the time to ask: Do we have written HIPAA policies our team can find? Do we have a process to answer every record request within 30 days? Can we prove every team member has completed HIPAA training? If any of those gave you pause, now’s the time to fix it, before OCR comes asking. Looking for the first step? Meet with one of our compliance experts to see where you currently stand. 

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September 21, 2026 Penelope Schweitzer No comments yet

September 21, 2026   The HHS Office for Civil Rights (OCR) has announced its biggest HIPAA settlement of the year, reaching nearly a million dollars.  Ambry, a genetic testing and clinical genomics provider based in Aliso Viejo, California is at the center of this enforcement. A settlement was reached over a 2020 phishing attack that exposed the Protected Health Information (PHI) of more than 225,000 individuals. This settlement is a clear reminder that even large organizations trip up on HIPAA requirements.    What happened In January 2020, an employee email account at Ambry was compromised through a phishing attack.  The breach potentially exposed a wide range of PHI, including names, addresses, dates of birth, Social Security Numbers, financial details, and more. Ambry reported the breach to OCR in March 2020, which kicked off the investigation.    Where OCR found gaps OCR’s investigation identified several HIPAA Security Rule gaps, including: No accurate, thorough risk analysis of risks and vulnerabilities to ePHI No process for cutting off access to ePHI when an employee left or no longer needed access No unique user IDs for tracking who was accessing ePHI systems These are baseline HIPAA requirements that every Covered Entity and Business Associate is expected to have in place.   The settlement terms Ambry paid $700,000 and agreed to a two-year corrective action plan, under which it must: Complete a thorough risk analysis of ePHI confidentiality, integrity, and availability Build and execute a risk management plan addressing what that analysis turns up Review and update Security Rule policies and procedures as needed Implement unique user identification across all ePHI systems Train the whole workforce on those updated policies The takeaway for practices When 90% of healthcare hacks start with a successful phishing attempt, it’s key your team is aware of the role they play to keep data safe. Every practice should ask; Do we know exactly where our ePHI lives and how it moves through our systems? Do we have a current, documented risk analysis? Would we catch it fast if a former employee’s access wasn’t revoked? Looking for the first step of addressing these gaps? Meet with one of our compliance experts to see where you currently stand. 

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September 1, 2026 Penelope Schweitzer No comments yet

September 1, 2026   The Office for Civil Rights (OCR) announced its 55th settlement under the HIPAA Right of Access Initiative, and this one is a good reminder that “we’ll get to it” is an easy shortcut to a massive financial penalty.   What happened Azul Vision, Inc., a California optometry enterprise healthcare provider, took nearly two years to provide a patient her healthcare records failed to give a patient timely access to her health records. She requested her records in January 2023. She didn’t actually receive them until January 2025, or two years later, and only after OCR opened an investigation following her complaint in April 2023.   The importance of Right of Access The HIPAA Privacy Rule’s Right of Access is straightforward: patients are entitled to their healthcare records within 30 days of a request, with one possible 30-day extension if needed.    The cost Azul Vision agreed to a two-year, OCR-monitored corrective action plan and paid $50,000. The corrective action plan requires the practice to: Review and revise its written policies and procedures for Privacy Rule compliance.  Regularly report to HHS a log of every PHI access request it receives, including when it came in and when it was resolved, Train all workforce members on right of access requirements and the practice’s own procedures.   Practical takeaways Have a documented, assigned process for access requests: not an informal “someone will handle it” arrangement. Track every request against the 30-day (or extended 60-day) clock: If nothing is timestamping requests, nothing is catching the ones that slip. Train staff specifically on right of access: this is a distinct Privacy Rule obligation from general HIPAA awareness, and it’s clearly one OCR is actively enforcing.   The bottom line A single records request that went unanswered turned into a $50,000 penalty, two years of federal monitoring, and a detrimental hit to the organization’s reputation. That’s a steep price for what really comes down to a missing process. If your team can’t answer “what happens the moment a patient asks for their records?” right now, that’s the gap to close before your practice ends up as OCR’s next enforcement case. Want a streamlined way to close your compliance gaps? Meet with an Abyde expert today!

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