With over 10 years’ experience working for regulatory agencies of the State of Kansas, Ms. Bellquist now utilizes her government experience to defend licensed individuals and entities before their respective regulatory boards. Her regulatory defense practice includes appealing application denials, responding in investigations of complaints, negotiating settlement agreements, defending against allegations in formal disciplinary proceedings, […]
The development of technology has facilitated providers’ delivery of healthcare and mental health services to patients through the use of video conferencing applications. This innovation of telehealth has the potential to significantly reduce time and medical costs, while facilitating access to services. Providers contemplating practicing telehealth should seek legal counsel for assistance in navigating the legal issues related to licensure, malpractice insurance coverage, disclosures, and confidentiality.
Licensing Considerations
Telehealth involves the use of information between a provider in one location and a patient in another location, sometimes across state borders. A vast majority of states require the provider to be licensed in the state where the patient is located. Some states offer special purpose licenses for telemedicine, while others have created narrow exceptions to the usual licensure requirements.
In an effort to streamline the licensing process for providers seeking licensure in multiple states, many professions have compact licensure. A compact license allows the provider to hold a license in the home state with privileges to practice in host states that are part of the compact. The provider is then subject to the regulatory oversight and authority of each home state and each host state that the licensee practices in.
Malpractice Insurance Coverage
While many insurers provide malpractice insurance for telehealth, not all have adopted this coverage. Additionally, policies offered may not cover telemedicine across states lines, or may entail special requirements or limitations. It is important that you check with your malpractice carrier before providing services via telehealth.
Security and Confidentiality Considerations
Because the practice of telehealth necessitates accessing and transmitting PHI, providers should meet applicable federal and state legal requirements of medical information privacy, including compliance with HIPAA and state privacy, confidentiality, security and record retention rules.
While telehealth can be a valuable tool for providing medical services, it can be wrought with legal pitfalls if not carefully and prudently implemented. If you are a Kansas provider considering or practicing telehealth, contact the attorneys at Joseph, Hollander & Craft for assistance.
