Telehealth Regulations: Learning The Fundamentals and Importance

Every healthcare organization must comply with telehealth regulations. These regulations exist to protect patients and healthcare providers. The following are vital regulations all healthcare providers must understand, and they are of fundamental importance today.

Informed Consent

When it comes to regulations for telehealth, informed consent is critical. Patients must understand what they are agreeing to before any procedures are performed or treatment is provided. Each state develops informed consent requirements, but the federal government has yet to establish a policy that applies to all providers. For example, some states require a patient to complete and sign an acknowledgment form, and others don't.

Before telemedicine is initiated, medical professionals should require informed consent. The Federation of State Medical Boards (FSMB) recommends medical professionals include the following elements in their informed consent documents. The form should contain the names of the medical professional and provider, along with the provider's credentials. It needs to share information about the type of telemedicine used and share that the provider might feel in-person visits are required. 

The provider needs to share security measures in place to protect sensitive data and outline potential privacy risks. This form typically contains a clause absolving providers of responsibility if information is lost due to technical failure. Finally, the form should include a requirement that patients allow PHI to be forwarded to a third party. 

Licensing

Medical professionals must be licensed before offering telemedicine options. The license must be valid in the state where the patient lives, and states may have other licensing requirements. It falls on the provider to know the requirements for their state and the state where the patient resides. The National Telehealth Policy Resource Center has this information. Interstate licensing restrictions are easing, and providers must keep up with the changes. 

Clinical Privileges

Telemedicine providers can't practice without treatment privileges. The healthcare facility in which they practice must credential them. Fortunately, federally defined Critical Access Hospitals have facilitated credentialing processes. The facilitated processes help individuals in rural areas with limited access to healthcare. Credentialing by proxy is only available to hospitals that meet specific criteria.

Prescribing Medications Online

Healthcare providers have strict rules that must be followed when they prescribe controlled substances, as they don't physically see or examine many people they treat. States develop Internet-based prescribing regulations, and healthcare providers must comply. However, they must also comply with the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. Providers must walk a fine line to ensure they comply with all regulations, which can change anytime. 

Conflicts of Interest

Healthcare providers practicing telemedicine must adhere to conflict of interest standards just as providers seeing patients in person do. Anti-kickback laws apply to those practicing medicine online. Furthermore, the Stark Law applies. Healthcare providers cannot use telemedicine to increase business traffic to any company they have a financial stake in. Healthcare practitioners must comply with state and federal conflict of interest regulations. 

Other telehealth regulations exist today. Medical malpractice regulations depend on the provider's specific situation and aim to mitigate liability exposure. Providers must handle PHI during telemedicine visits just as they do in-person visits and comply with all state privacy laws. Healthcare providers must be cautious when practicing medicine online, as their careers could be at risk if mistakes are made. Remaining current with current laws and regulations is essential, as telemedicine allows more individuals to get timely care. Everyone benefits when this is the case.