HumenhukCIPP/US Study Guide
Chapter 8: Medical Privacy

Temporary COVID-19 telehealth measures

Reviewed by Victor Humenhuk. Published . Reviewed .

During the COVID-19 public health emergency, OCR temporarily allowed nonpublic-facing videoconferencing even when it did not fully meet HIPAA rules. That enforcement discretion expired on 11 May 2023, followed by a transition period that ended on 9 August 2023. Current telehealth services must comply with the HIPAA rules.

How this supports CIPP/US study

Use this lesson to separate sectoral scope, data type and regulated entity before testing an exception. Continue with the CIPP/US practice exam.

During the public health emergency, OCR used enforcement discretion for good-faith telehealth delivered through some nonpublic-facing communication tools. The discretion ended on 11 May 2023. A compliance transition period ended on 9 August 2023. This is historical context, not a current HIPAA exception.

  • Payment: the Centers for Medicare & Medicaid Services allowed reimbursement for telemedicine visits (previously limited to rural areas, mental health, or substance use)
  • Controlled substances: the DEA suspended the Ryan Haight Act in-person exam requirement so qualified prescribers could prescribe regardless of patient location
  • Licensing: states issued temporary cross-state licenses and use of the IMLC grew nearly 50 percent

Key terms - quick answers

What is “Nonpublic-facing technology”?
One-to-one or one-to-few videoconferencing that OCR temporarily permitted during the public health emergency even when it did not fully meet HIPAA requirements. That discretion has expired.
What is “Ryan Haight Act”?
The Online Pharmacy Consumer Protection Act includes an in-person medical evaluation requirement for many online controlled-substance prescriptions. Temporary federal telemedicine exceptions changed how it applied during the pandemic.
What is “IMLC”?
The Interstate Medical Licensure Compact, whose use grew nearly 50 percent during the pandemic to ease cross-state physician licensing.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.