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  • OCR’s temporary policy of not imposing penalties during this COVID-19 nationwide public health emergency for the use of non-HIPAA compliant telehealth technologies will likely encourage health care providers to increase their use of video chat, text messaging, and other remote communication technologies. 
  • OCR encourages providers to notify patients that using non-HIPAA compliant video communication applications potentially introduce privacy risks and enable all available encryption and privacy modes when using such applications. 
  • Additionally, providers looking to use such non-HIPAA compliant technologies may still be subject to other federal and state laws governing patient privacy and the provision of telehealth services.