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ARTICLE · 27 OCTOBER 2020

Privacy, Security, And Telehealth

Arnold & Porter
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How do ophthalmologists ensure that their practices are adhering to the HIPAA Privacy, Security, and Breach Notification Rules during the COVID-19 pandemic?

United StatesPrivacy

How do ophthalmologists ensure that their practices are adhering to the HIPAA Privacy, Security, and Breach Notification Rules during the COVID-19 pandemic?

The COVID-19 pandemic has created a surge in the use of online communication for health care purposes. The risk of exposure to the virus associated with in-person visits to treating physicians has escalated the demand for telehealth, regardless of specialty. Telehealth creates opportunities for eye surgeons and others, but it also comes with risks, including risks to patient privacy and to the security of their personal information.

Under privacy and security regulations implementing HIPAA, physicians who are HIPAA-covered entities are responsible for ensuring that their communications involving the transmission of personal (protected) health information (PHI) are secure. The use of a third-party communications service involving PHI generally triggers a requirement for a HIPAA business associate agreement (BAA)

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