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April 22, 2020

Health Law Daily

Doctors Using Zoom Still Must Comply With HIPAA

  • April 22, 2020

Bloomberg Law (4/21, Subscription Publication) reports that “doctors may face lawsuits or state actions for any patient privacy violations through use of tools such as Zoom Video Communication Inc.’s app – even after federal regulators relaxed enforcement.” The Department of Health and Human Services Office for Civil Rights “has said it won’t penalize providers for ‘good faith’ telehealth use during the coronavirus pandemic that violates the Health Insurance Portability and Accountability Act’s Privacy Rule.” Bloomberg says that “under the notice, video apps...can be used to chat with patients without first getting a business associate’s agreement, something that would be required under the HIPAA Privacy Rule. But the video apps still must protect patient data, including notes, treatments, and lab reports, under HIPAA’s Security Rule.” Kevin Coy, health and privacy partner at Arnall Golden Gregory LLP, said: “The HIPAA security rule is still very much in effect and is expected to be followed”