May 23, 2023 Over the past couple of years, telehealth has revolutionized the healthcare industry, including dentistry. However, as the COVID-19 pandemic wanes and the healthcare landscape evolves, the telehealth waivers that allowed dentists to provide virtual care through non-compliant platforms are expiring. Let’s explore the implications of these expiring waivers and how dentists can navigate the future of remote dental care. The Rise of Telehealth in Dentistry: Telehealth emerged as a crucial tool during the pandemic, enabling dentists to connect with patients remotely for consultations, follow-ups, and non-emergency care. These waivers expanded access to dental services, particularly for underserved populations, reduced unnecessary in-person visits, and improved overall patient experience. Dentists embraced telehealth to ensure continuity of care while minimizing the risk of virus transmission. Implications of Expiring Waivers:Using platforms like Apple Facetime, Skype, Zoom, and other non-public facing platforms were part of the Notice of Enforcement Discretion the OCR laid out in March of 2020. Now that virtually every EHR/PM solution and other technologies have emerged over the last 3 years, practices can easily implement compliant solutions. Dentistry will always predominantly be an in-person health care service but with the expiration of telehealth waivers, those dentists that found telehealth an important addition to their practice need guidance on which compliant platforms to use. Dentists must evaluate the effectiveness, efficiency, and patient satisfaction associated with virtual care. Additionally, they should consider the legal and regulatory implications of providing telehealth services without waivers and adapt their practices accordingly. Navigating the Future of Dental Care: To navigate the post-waiver landscape, dentists can take several steps. First, staying informed about the evolving guidelines and regulations surrounding telehealth is crucial. • The first step is assessing risks and vulnerabilities through a Security Risk Analysis. This knowledge will help dentists adapt their practices and comply with existing laws. • Second would be to have policies in place to ensure the telehealth services these dentists provide to patients is telling the story of how they are protecting that sensitive patient information. • Finally, investing in technology and software solutions that facilitate secure and efficient virtual consultations can enhance the patient experience and practice efficiency. Conclusion: While the expiration of telehealth waivers poses challenges for dentists, it also presents an opportunity to evaluate and refine the role of telehealth in dental care. By staying informed, embracing hybrid models, and leveraging technology, dentists can continue to provide high-quality care while adapting to the evolving healthcare landscape. Questions regarding HIPAA and OSHA Compliance, please email Abyde at info@abyde.com or call (800) 594-0883
OCR Announces Transition Period for Compliance with HIPAA Rules for Telehealth
April 12, 2023 As of May 12, 2023, a 90-calendar day transition period will be in effect to provide covered healthcare providers with time to come into compliance with the HIPAA Rules in relation to their provision of telehealth. The transition period will expire on August 9, 2023, at 11:59 p.m. During this period, the OCR will continue to exercise its enforcement discretion. It will not impose penalties on covered healthcare providers for noncompliance with the HIPAA Rules that occur in connection with the good faith provision of telehealth. The Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency is available at: https://public-inspection.federalregister.gov/2023-07824.pdf – PDF. This notice marks the end of the enforcement discretion period that was put in place by the OCR to support the healthcare sector and the public in responding to the COVID-19 public health emergency. OCR Director Melanie Fontes Rainer has emphasized that the OCR is committed to supporting the use of telehealth by ensuring that healthcare providers can make the necessary changes to their operations privately and securely in compliance with HIPAA Rules. In addition to announcing the transition period, it’s worth noting that the OCR had previously issued four Notifications of Enforcement Discretion in the Federal Register regarding how the HIPAA Rules would be applied to certain violations during the COVID-19 nationwide public health emergency. These notifications and their effective beginning and end dates are: It’s important to note that these notifications will also expire at 11:59 pm on May 11, 2023, due to the expiration of the COVID-19 public health emergency. The OCR will no longer exercise enforcement discretion for violations that occur after this date, which is why the transition period has been put in place to allow covered healthcare providers to make any necessary changes to their operations to ensure they comply with HIPAA Rules when providing telehealth services. Questions regarding HIPAA and OSHA Compliance, please email Abyde at info@abyde.com or call (800) 594-0883
HHS’s Recent HIPAA Guidance on Telehealth and Public Health Emergency Expiration
July 11, 2022 Think you finally got the hang of telehealth? Don’t get too comfy just yet! The OCR recently released guidelines on how covered health care providers and health plans should utilize their remote communication technology to deliver audio-only telehealth services while also complying with HIPAA requirements. Why is Telehealth important? Let’s start at the beginning. Telehealth contributes to increasing a practice’s value and security by expanding access to health care across the nation and providing certain users who have difficulty using audio and video telehealth technologies. When systems are not properly secured, they pose risks to patient safety, health, and data. Cyberattacks and ransomware are extremely common in Telehealth and may quickly create issues that disclose medical information and other sensitive information. As a practice, it is critical and worthwhile to maintain excellent Telehealth especially now a days with the increased funding and resources the OCR has available. OCR Director, Lisa J. Pino, states, “Audio telehealth is an important tool to reach patients in rural communities, individuals with disabilities, and others seeking the convenience of remote options. This guidance explains how the HIPAA Rules permit health care providers and plans to offer audio telehealth while protecting the privacy and security of individuals’ health information.” With the OCR’s Telehealth Notification system possibly being taken down as early as July 15th, 2022, we recommend that practices stay alert and take every precaution by using your friendly, easy to use HIPAA-compliant software (hint Abyde) to assure full compliance today. The first step in remaining alert is to follow the guidance issued by the OCR in response to the recent news that the Telehealth Notification system may be shut down. The guidance below specifies the conditions under which telehealth may be utilized. The HHS is authorizing HIPAA-covered businesses to conduct telehealth and audio-only services using remote communication technology. However, these services must be provided in a private environment to the best of the entity’s abilities, and the individual’s identification must be verified. Even though HIPAA does not apply to audio-only telehealth services delivered through electronic communication methods, when offering telehealth services through mobile devices or applications, practices may face HIPAA compliance issues. Therefore, practices should identify all potential risks and vulnerabilities to PHI confidentiality as part of the risk analysis process prior to the completion of the PHE. Abyde will do anything possible to make sure you’re on top of your compliance game because the OCR may show up at any time! Allow us to guide you through these future changes – from our incredibly simple software to our readily available education, we will be your buddy in ensuring that you are prepared for any obstacles that show up at your door.