Following discussions in Washington and state capitals, the American Telemedicine Association this week published its new Health Data Privacy Principles.
They are intended to address concerns about state privacy laws governing consumers’ health data, according to ATA, which is urging policymakers to create conditions that encourage innovation and promote patient access to virtual care.
WHY IT MATTERS
The ATA’s primary concern in publishing the data privacy principles helps ensure that patient rights are consistent nationally, without the worry that states have different rules.
State laws and policies should also define consumer health information using the uniform language defined as protected health information under HIPAA, the group said in its announcement this week.
“State consumer privacy laws should be consistent with and not exceed HIPAA standards to the greatest extent possible to ensure that patient protections are not dependent on whether the entity is covered by HIPAA falls,” ATA officials said.
“What this means is the consensus perspective on these issues from the perspective of the telehealth community,” Kyle Zebley, ATA senior vice president of public policy, told me. Healthcare IT news on Thursday.
ATA, which represents the full range of providers providing telehealth, has intervened with some states as they struggle with health data privacy laws, he said.
The new principles provide the foundation from which the organization will work with state lawmakers looking at telehealth data privacy and federal agencies – such as the Federal Trade Commission – taking on pieces of consumer privacy when it comes to telehealth.
Even as the pandemic unfolds, telehealth is relatively new to so many people, including the policymakers and communities thinking about expanding access to telehealth.
“Telehealth is health care and it should not be segmented, separated or viewed in isolation from the rest of the American health care system,” Zebley said. “Let’s apply proven principles of health care oversight and regulation as we would for in-person care, as we consider how we can make telehealth more integrated into that overall American health care system.”
Key components of the ATA Health Data Privacy Principles include:
- Coherence.
- Definition of Consumer Health Data.
- Health Insurance Portability and Accountability Act.
- Consumer rights.
- Consumer consent, data sale and opt-out.
- Enforcement.
THE BIG TREND
For thirty years, the ATA has advocated on behalf of telehealth providers. Earlier this year, ATA and ATA Action led a groundswell of commentary on the U.S. Drug Enforcement Administration’s proposed permanent changes to electronic prescribing of controlled medications at the end of the national public health emergency due to COVID-19.
The telehealth agency noted that the DEA must maintain mechanisms that prevent drug misuse while ensuring patients do not lose access to necessary treatments.
ATA has been an avid advocate for the use of electronic prescribing of controlled substances in physical healthcare channels used to determine the legitimacy of a prescription for telehealth providers. By citing the lack of a controlled substance registration process for telecare providers as a missed opportunity, the telecare sector appears to have been heard.
The DEA may table a registry of telehealth controlled substances when it holds listening sessions in September.
ON THE RECORD
“The ATA supports efforts to ensure that telehealth practices meet patient safety, data privacy and information security standards, while promoting patient access and increasing awareness of telehealth practices,” Zebley said in a statement Monday. “The ATA and the ATA Data Working Group believe that protecting patient data is a prerequisite for connected care and a core principle for our organization.”
Andrea Fox is editor-in-chief of Healthcare IT News.
Email: afox@himss.org
Healthcare IT News is a HIMSS Media publication.