February 05, 2020

Physician Law Evolving Trends and Hot Topics: Telehealth

By Jeremy Sherer, J.D., LL.M. and Amy Joseph, J.D., Hooper, Lundy & Bookman, P.C., Boston, MA

I.  Introduction – What is Telehealth? Is it Different from Telemedicine?

This article introduces the range of legal issues that providing clinical services via telehealth may implicate. The purpose of this article is to set forth a framework for analysis of the practice of medicine through telehealth modalities in the United States.

This article is organized into five sections, including this introduction. Section II explores the state-specific regulatory and scope of practice issues that clinicians need to consider when providing services in various jurisdictions. Section III addresses coverage and reimbursement of clinical services delivered via telehealth, and the differences involved depending on who is paying for such services. Section IV discusses how federal and state fraud and abuse laws apply in the telehealth context. Finally, Section V includes a number of important, miscellaneous issues that arise in this context.

Please note that this article is meant to function as a guide to key issues, and does not attempt to comprehensively address all applicable telehealth laws for each state across the United States. 

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