HIPAA Policies for Telehealth vs. Traditional Healthcare

Here are some key ways that HIPAA policies and procedures differ for telehealth compared to traditional in-person healthcare:

1. Technology and Security Requirements: Telehealth requires additional security measures for electronic transmission of protected health information (PHI), including encryption and secure video conferencing platforms. There’s a greater emphasis on cybersecurity and protecting against unauthorized access during remote sessions.
2. Patient Authentication: Telehealth necessitates more robust procedures for verifying patient identities remotely, as providers cannot physically confirm identity.
3. Consent Management: Obtaining and documenting patient consent for telehealth services may require additional steps compared to in-person visits.
4. Physical Safeguards: While traditional healthcare focuses on securing physical spaces and records, telehealth shifts focus to securing digital environments and devices used for remote care.
5. Training Requirements: Staff need additional training on telehealth-specific HIPAA applications, including proper use of telehealth platforms and maintaining privacy in remote settings.
6. Risk Assessment: Telehealth introduces new risks that must be assessed, such as the security of home networks used by providers or patients.
7. Business Associate Agreements: More emphasis on having proper agreements with telehealth platform vendors and other technology providers involved in remote care delivery.
8. Documentation and Audit Trails: Telehealth may require more detailed documentation of remote encounters and maintaining audit trails of electronic communications.
9. State-Specific Regulations: Telehealth often involves cross-state practice, requiring attention to varying state regulations in addition to federal HIPAA rules.
10. Emergency Protocols: Telehealth requires specific protocols for handling emergencies during remote sessions, which differ from in-person emergency procedures.

While the core principles of HIPAA apply to both telehealth and traditional healthcare, telehealth introduces unique challenges and considerations that require tailored policies and procedures to ensure compliance and protect patient privacy.

Since its founding by Professor Daniel J. Solove in 2010, TeachPrivacy has provided training for hundreds of organizations, boutique to Fortune 500, both nationwide and globally. A leading international expert in privacy law, Solove is a law professor at George Washington University Law School, has authored more than 10 books and more than 50 articles, as well as given lectures around the world. His LinkedIn blog has more than 1 million followers. Click here for more information about Professor Solove.