Research on Video Relay Interpretation (VRI) indicates that video conferencing can help deaf patients overcome interpretation barriers and enhance communication outcomes with healthcare personnel. However, the video tools used to achieve this can pose challenges for HIPAA compliance.
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According to Mark Wheately, executive director of the European Union of the Deaf (EUD), the inability of healthcare staff to communicate in sign language forces patients to rely on interpreters instead of direct communication in their native language. When interpreters are not available, patients must either bring family members (who lack medical training) or rely on written notes, which is inadequate. During the COVID-19 pandemic, these challenges were exacerbated by face masks that obstructed the visibility of mouth movements and facial expressions, resulting in increased miscommunication and feelings of isolation.
The Americans with Disabilities Act (ADA) and Section 1557 of the Affordable Care Act (ACA) ensure that healthcare providers do not discriminate against patients based on disability or other protected categories. This includes making services accessible, providing language assistance, and ensuring effective communication through interpreters or video relay services, while also addressing compliance with regulations such as HIPAA.
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A study on the state of telehealth before and after the pandemic revealed that telemedicine use jumped dramatically from limited adoption in hospitals to a 766% surge during the first three months of COVID-19. Despite this rapid expansion, it wasn't enough to make up for the total drop in regular in-person doctor visits during the early pandemic period.
The integration of VRI, a service that provides real-time sign language interpretation through video conferencing technology, emerged as a solution for maintaining healthcare access for deaf patients.
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The key to HIPAA compliance is using platforms that offer necessary security features like encryption and access controls, and securing a signed BAA with the service provider. This ensures both parties are committed to safeguarding protected health information (PHI) according to federal regulations.
Effective communication ensures that deaf patients fully understand their medical conditions, treatment options, and care instructions. It leads to better health outcomes, enhances patient trust, and fulfills legal obligations under the ADA and ACA.
Providers should choose HIPAA compliant platforms with secure encryption, sign BAAs with service providers, obtain patient consent, train staff, test equipment regularly, prepare patients for the VRI process, and maintain privacy by conducting sessions in private spaces.