With the use of telehealth increasing amid the COVID-19 crisis, Healthcare Risk Management turned to Nelson Mullins partner Roy Wyman for insight into the associated privacy and cybersecurity risks. The article, “Privacy Concerns with Telehealth Should Prompt Review,” discusses key considerations for providers who quickly pivoted to telehealth in response to the pandemic.

Wyman cautions providers to treat telehealth like other healthcare services, noting most of the compliance issues will look familiar. He states, “The compliance programs for telehealth should look like the broader program: involve a risk assessment, risk management plan, benchmarking, auditing and monitoring, and more on a regular cycle.”

He also notes any new elements to address telehealth specifically may need to bring special attention to the relationship between any telehealth management or platform services and the physicians. “Of particular concerns are the corporate practice of medicine, inappropriate compensation relationships, fee-splitting, and IT security concerns,” explains Wyman.  

Related to IT security concerns, Wyman reiterates attacks on the privacy and security of health information are increasing. “Proper security, at a minimum, should include a review of the telehealth platform, involve additional training for providers and anyone accessing the system, and consider the level of security of the data being transmitted,” he says.