HHS Office of Civil Rights (“OCR”) released guidance this week on the use of remote communication technologies to provide audio-only telehealth services in compliance with the HIPAA Privacy and Security rules. Currently, OCR’s Notification of Enforcement Discretion for Telehealth Remote Communications is still in effect. This Notification provides that OCR will exercise enforcement discretion and will not impose penalties on covered entities for noncompliance with the HIPAA rules while providing telehealth services using non-public facing audio or video remote communication technologies during the COVID-19 public health emergency. The new guidance applies after the Notification is no longer in effect to help encourage continued expanded access to telehealth following the public health emergency.