Understanding the New HHS Resources on Telehealth Privacy and Security: A Guide for Healthcare Providers and Patients

October 20, 2023


The telehealth usage surge has revolutionized healthcare delivery, particularly amid the COVID-19 pandemic. While the technology offers numerous benefits, it also raises questions about the privacy and security of Protected Health Information (PHI). Addressing this, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently released two essential resources to educate healthcare providers and patients. In this article, we delve into the key takeaways from these resources and discuss their implications for HIPAA compliance.


What Has Been Released?

OCR has issued two resource documents:

  1. Educating Patients about Privacy and Security Risks to Protected Health Information when Using Remote Communication Technologies for Telehealth – Aimed at healthcare providers.
  2. Telehealth Privacy and Security Tips for Patients – Aimed at patients.


For Healthcare Providers

Although HIPAA doesn’t mandate healthcare providers to educate patients about the risks involved in telehealth, the new resource provides valuable guidelines for those who choose to do so. Topics covered include:

  • Telehealth options offered
  • Risks to PHI
  • Privacy and security practices of remote communication technology vendors
  • Applicability of civil rights laws


For Patients

Patients are provided with recommendations to protect and secure their health information, such as:

  • Conducting telehealth appointments in a private location
  • Enabling multi-factor authentication, if available
  • Using encryption when available
  • Avoiding public Wi-Fi networks


Why Is This Important?

“Telehealth is a wonderful tool that can increase patients’ access to health care and improve health care outcomes,” says OCR Director Melanie Fontes Rainer. By educating patients and providers about privacy and security risks, OCR aims to build confidence and encourage the responsible use of telehealth technologies.


Practical Tips for Health Care Providers

  1. Be Transparent: Clearly communicate the types of telehealth options available and how they align with HIPAA guidelines.
  2. Vendor Assessment: Conduct a thorough risk assessment of the technology vendors you work with. Ensure that they are compliant with privacy and security regulations.
  3. Educate Staff: Make sure that all members involved in telehealth are well-informed about the best practices for maintaining privacy and security.


Recommendations for Patients

  1. Choose a Private Location: Always choose a private location to conduct telehealth visits to avoid accidental exposure to PHI.
  2. Secure Your Connection: Avoid public Wi-Fi networks and use encryption tools to protect your data.
  3. Use Multi-Factor Authentication: This adds an extra layer of security, making it difficult for unauthorized users to gain access.


Final Thoughts

The newly released resources by OCR offer a comprehensive guideline for navigating telehealth’s privacy and security aspects. Healthcare providers should seize this opportunity to improve their practices and educate their patients, enhancing the telehealth experience.

For more information on how to stay compliant with HIPAA and other regulations in the healthcare sector, feel free to contact Abyde, your trusted partner in HIPAA and OSHA Compliance.

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