NOTIFICATION OF ENFORCEMENT DISCRETION FOR TELEHEALTH
REMOTE COMMUNICATIONS DURING THE COVID-19 NATIONWIDE
PUBLIC HEALTH EMERGENCY
Effective immediately, the Office for Civil Rights at the Department of Health and Human
Services is allowing for noncompliance with the regulatory requirement under the HIPAA Rules
against covered health care providers in connection with the good faith provision of telehealth
during the COVID-19 nationwide public health emergency. This exercise of discretion applied to
telehealth provided for any reason.
A covered health care provider in the exercise of their professional judgement may examine a
patient using a video chat application connecting the provider’s or patient’s phone or desktop
computer in order to assess a greater number of patients while limiting the risk of infection of
other persons who would be exposed from an in-person consultation.
Under this Notice, covered health care providers may use popular applications that allow for
video chats including Apple FaceTime, Facebook Messenger video chat, Google Hangouts
video, or Skype to provide telehealth related to the good faith provision of telehealth during the
COVID-19 nationwide public health emergency. Under this Notice, however, the following video
communication applications are public facing and should NOT be used Facebook Live, Twitch,
TikTok and similar video communication applications.
We are notifying you that these third-party applications potentially introduce privacy risks and
we are enabling all available privacy modes when using such applications. We will bill your
insurance company for your telehealth visit and you will be responsible for all deductibles and
copays.
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Patient Signature Date
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