California Governor Gavin Newsom’s Executive Order N-43-20 (the Order), which went into effect on April 3, 2020, relaxes various telehealth reporting requirements, penalties, and enforcements otherwise imposed under state laws, including those associated with unauthorized access and disclosure of personal information through telehealth mediums. The Order acknowledged that telehealth services may help reduce the spread of COVID-19, and strict compliance with certain state telehealth requirements would otherwise “prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.” This Order affects certain health care facilities, health care providers, health care administrators, clinics, home health agencies, and hospice providers, generally in instances where non-compliance occurs during the “good faith provision of telehealth services.” Although the Order should provide comfort to health entities engaged in telehealth services, this Order remains in effect only through the state of emergency. Moreover health entities should continue to remain steadfast in protecting personal information from unauthorized access or use during COVID-19 and beyond. For a more in-depth explanation of the Order, please visit our Technology Law Dispatch blog
