Privacy Requirements During the COVID-19 Crisis

In an effort to keep pace with our clients’ litigation and compliance needs in the evolving health care environment, Marshall Dennehey has launched a Telehealth and Telemedicine Practice Group. Led by Mary Kate McGrath, the group focuses on advising clients on trends and case law developments that impact the standards of care at the intersection of health care, technology and the law. Our attorneys collaborate with medical organizations regarding best practices for new technologies; study proposed legislation; and educate and advocate of behalf of health care clients as laws are developed and implemented.

As we face the ongoing COVID-19 health crisis, our reliance on telehealth and telemedicine has been thrust to the forefront. On March 17, 2020, the HHS Office for Civil Rights issued a Notice of Enforcement Discretion, which addressed the privacy requirements expected of Covered Entities and their Business Associates and Sub-Business Associates, as teleconferencing platforms are utilized in response to the COVID-19 crisis. The primary focus of the Notice was to address privacy requirements within the context of telehealth services, which have rapidly developed and expanded in the wake of social distancing guidelines and other quarantine-related measures.

Please review this link to better understand the impact of this Notice on you/your organization: Maintaining Patient Privacy with Telehealth and Telemedicine During the COVID-19 Crisis. Should you wish to discuss this, or any other telehealth-related questions, please do not hesitate to reach out to either Mary Kate McGrath or Adam Fulginiti.

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