NYSDA Publications

OCR Issues HIPAA Telehealth Update on Expiration of COVID-19 PHE

Per the notice below, the United States Office for Civil Rights (OCR) has issued an update on the end of the federal novel coronavirus (COVID-19) public health emergency (PHE) and its effect on the use of telehealth under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Expiration of COVID-19 Public Health Emergency HIPAA Notifications of Enforcement Discretion, Beginning of 90-Day Transition Period for Telehealth

The Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the COVID-19 public health emergency expired at 11:59 pm on May 11, 2023, due to the expiration of the COVID-19 public health emergency.  As previously announced, OCR is providing a 90-calendar day transition period for covered health care providers to come into compliance with the HIPAA Rules with respect to their provision of telehealth.  The transition period will be in effect beginning on May 12, 2023, and will expire at 11:59 p.m. on August 9, 2023.  OCR will continue to exercise its enforcement discretion and will not impose penalties on covered health care providers for noncompliance with the HIPAA Rules that occurs in connection with the good faith provision of telehealth during the 90-calendar day transition period.  The Notice of Expiration of Certain Notifications of Enforcement Discretion Issued in Response to the COVID-19 Nationwide Public Health Emergency may be found at: https://www.federalregister.gov/documents/2023/04/13/2023-07824/notice-of-expiration-of-certain-notifications-of-enforcement-discretion-issued-in-response-to-the.