Post-Pandemic Telehealth: An Unhealthy Privacy Prescription

Abstract

The COVID-19 pandemic catapulted the use of telehealth services across the United States (US). In response to the public health emergency, the Office for Civil Rights (OCR) at the US Department for Health and Human Services (HHS) issued a notice relaxing privacy and security safeguards outlined in the Health Insurance Portability and Accountability Act (HIPAA). During the past two years, several novel legal issues have arisen due to these lenient standards. The US government has not adequately considered standardizing rules for remote telehealth consultations and regulating the flow of sensitive patient data in a post-COVID world. This article addresses key legal issues associated with telehealth services while recommending national standards to mitigate physician liability while prioritizing patient care.