What the ‘good faith’ rule means for HIPAA during COVID-19 pandemic
The Department of Health and Human Services (HHS) is acknowledging that strict adherence to HIPAA rules may not be feasible during the COVID-19 outbreak.
Healthcare providers may communicate with patients using remote communication technologies.
If healthcare providers are operating in good faith, the HHS will not impose penalties for noncompliance with regulatory requirements.
A covered healthcare provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.
Examples of non-public facing remote products include:
- Microsoft Teams/Skype for Business
- Apple FaceTime
- Facebook Messenger
- Google Hangouts Meet
- Zoom for Healthcare
- Cisco Webex/Webex Teams
- GoToMeeting
- Amazon Chime
- Doxy.me
The good faith provision is in effect as long as the COVID-19 nationwide public health emergency continues.
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