What are the Major Legal Considerations for Telehealth Providers?
This article was originally published by Much Shelist, P.C. Read it on the Much website.
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In the United States, telehealth continues to grow in popularity, particularly for routine or minor medical concerns. More than ever, healthcare providers must stay vigilant in protecting patient information.
Unlike in-person visits, virtual care introduces additional privacy and security threats. From malicious software hacks to compliance violations, telehealth requires a thoughtful approach to cybersecurity and HIPAA compliance.
While telehealth transformed the healthcare industry, it also brought new responsibilities for providers. Healthcare providers must balance convenience with compliance and ensure patient information remains private and secure. Experienced healthcare attorneys can help you stay compliant, reduce risk, and protect both your patients and your practice.
Safeguarding Patient Information in Telehealth
1. Cybersecurity Measures
Electronic health records (EHRs) remain a primary target for cyber-criminals. Malware, phishing, and ransomware attacks pose significant threats to both providers and patients.
Fortunately, the Cybersecurity and Infrastructure Security Agency (CISA) offers a suite of free resources to help healthcare organizations strengthen their cybersecurity.
One of the most valuable tools is CISA’s vulnerability scanning service. Through continuous monitoring of internet-connected systems, CISA can find critical security flaws. This service identifies thousands of potential threats, configuration weaknesses, and other risk factors.
This tool allows healthcare organizations to:
- Proactively address system weaknesses
- Improve incident response readiness
- Reduce exposure to cyber threats and other security incidents
- Strengthen security measures to defend against evolving security risks
2. HIPAA Compliance
Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is non-negotiable for telehealth providers. All telehealth systems must comply with HIPAA’s Privacy, Security, and Breach Notification Rules.
The HIPAA Security Rule specifically applies to electronic protected health information (ePHI), including confidential information transmitted via:
- Electronic health records
- Cloud-based scheduling or messaging platforms
- Encrypted storage devices and backups
It’s important to remember that compliance extends beyond healthcare providers. Business partners, such as IT vendors, platform providers, and billing services, have responsibilities under the HITECH Act. They are accountable for data breaches or mishandling of electronic protected health information (ePHI).
Common Telehealth Questions and How to Manage Them
How can I reassure patients about their privacy?
Make privacy a visible part of your workflow:
- Verify identities of all participants during the telehealth session.
- Disclose third-party involvement (e.g., interpreters or IT support staff).
- Use secure platforms with the following features:
- Unique user IDs
- Password protection
- Automatic logoff after inactivity
As a service provider, what are my privacy obligations during telehealth sessions?
As a provider, you have both legal and ethical responsibilities to discuss privacy with your patients. This includes:
- Educating patients about how their data will be used and stored
- Staying up-to-date on HIPAA and state-specific privacy laws
- Integrating security discussions into patient-centered care planning
How can I protect my own practice and minimize liability?
Protecting your practice also means protecting yourself. Data breaches are not only costly but can also lead to audits, fines, and reputational harm. Proactive steps include:
- Conduct regular security evaluations and risk assessments with independent third parties
- Review and update telehealth policies and procedures periodically
- Back up sensitive data and implement recovery plans
- Delete unnecessary files from mobile or shared devices regularly
What to do if you violate HIPAA?
If you have been unknowingly violating HIPAA, immediately contact your supervisor to file a report. Individuals should also seek legal representation to ensure protection in the ongoing investigation process. While reporting yourself can feel scary, it is important to take responsibility for any breaches. Being honest and cooperative will benefit all parties involved.
What is the civil penalty for unknowingly violating HIPAA?
While the penalties vary, those who participated in a HIPAA violation by accident will typically receive a more lenient punishment. Due to their lack of intent, someone who unknowingly violates HIPAA will most likely receive a civil penalty as opposed to a criminal one.
The individual or organization will be fined up to $50,000 on the offense. Again, each case varies depending on the severity of the incident, the frequency of violations and the intent behind the action.
Whether you’re expanding telehealth offerings or assessing current practices, legal counsel can help you stay compliant, mitigate risk, and protect both your patients and your practice.
Speak to a Healthcare Data Attorney
At Fenton Jurkowitz Law Group, our team of seasoned healthcare data lawyers is highly knowledgeable in HIPAA regulations and patient data security. With extensive experience, our attorneys can help ensure your organization complies with all relevant guidelines to prevent cyberattacks and potential legal complications. Connect with a healthcare attorney today to protect your practice before or after a breach.