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California Extends Special Telehealth Provisions

Analysis  |  By John Commins  
   September 28, 2021

The executive order, set to expire on September 30, relaxes regulations on telehealth, including waivers on privacy and security protection laws.

California Gov. Gavin Newsom this week signed an executive order extending relaxed telehealth security and privacy provisions through the remainder of the COVID-19 emergency.

The original executive order was issued in April 2020 and was set to expire on September 30. The new order extends the order through the end of the public health emergency, or until the original order is rescinded or modified.

Newsom said that the extension was needed because "surges in COVID-19 cases in some regions have caused increased wait times for healthcare services, and seasonal influenza is likely to increase further the usage of healthcare facilities across the state."

California has recorded more than 4.7 million COVID cases, and nearly 69,000 COVID-related deaths. Nationally, the virus has claimed 687,000 lives, according to the Centers for Disease Control and Prevention.

However, CDC data also show that California has the nation's lowest level of "community transmission," which measures the number of cases and the number of positive tests in the past week per 100,000 population.

The extended provisions of the prior order will continue to allow providers to conduct routine and non-emergency medical appointments through telehealth without the risk of being penalized.

"I find that strict compliance with various statutes, regulations, and certain local ordinances specified or referenced herein would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic," Newsom said in the order.

The California order is essentially the same as that put forward by the U.S. Department of Health and Human Services at the beginning of the coronavirus pandemic.

Newsom's order said the executive order "is necessary to continue to facilitate the use of telehealth services, where appropriate, to minimize the threat of COVID-19 to Californians and healthcare workers alike, to expedite access to healthcare services, and to reduce strain on the healthcare delivery system."

“I find that strict compliance with various statutes, regulations, and certain local ordinances specified or referenced herein would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.”

John Commins is the news editor for HealthLeaders.


KEY TAKEAWAYS

The new order extends through the end of the public health emergency, or until the original order is rescinded or modified.

The order is essentially the same as that put forward by HHS at the beginning of the coronavirus pandemic.

California has recorded more than 4.7 million COVID cases, and nearly 69,000 COVID-related deaths.

CDC data also show that California has the nation's lowest level of "community transmission."


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