Physician Law Blog

At the end of April, the U.S. Department of Health & Human Services (HHS), through the Office for Civil Rights (OCR), issued a Final Rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to support reproductive health care privacy. This is one of many actions taken by HHS in response to the Supreme Court’s decision in Dobbs. This update comes at a critical time when reproductive rights are under intense scrutiny and varying state laws create a complex landscape for patients and providers.    

Changes to HIPAA are be on the way. Providers need to consider these changes to best prepare and implement best practices.

Providers working for telehealth companies can currently prescribe schedule II-V medications via telehealth by adhering to the federal guidelines below and calling prescriptions into the patient’s pharmacy. This avenue remains open at least until May 11, 2023[1], due to the COVID-19 Public Health Emergency (“PHE”) and the public emergency exception contained within the Ryan Haight Pharmacy Consumer Protection Act of 2008 (“RHA”).[2]

[1] H.R. 382, A bill to terminate the public health emergency declared with respect to COVID-19, STATEMENT OF ADMINISTRATION POLICY, EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET (Jan. 30, 2023), https://www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf.

[2] The RHA was intended to stop controlled substances sales through online pharmacies by requiring an in-person examination of any person seeking a prescription for such substances. See 21 U.S.C. § 802, (available at https://www.congress.gov/110/plaws/publ425/PLAW-110publ425.pdf).

Getting your providers, groups, or medical practices fully credentialed and contracted can be a scary and very time-consuming undertaking. 

Public and private health insurance fee schedules and negotiating myths