Telehealth, also known as Telemedicine, is a rapidly growing method of practicing medicine through the use of electronic communication that literally exploded during Covid-19. Telehealth allows providers to reach more patients providing health care services, primary and specialty care and remote patient monitoring, via video conference rather than requiring patients to travel for an in-person visit to an office or hospital. Providers retain patients and thereby retain revenue by providing patients with access to specialists through telehealth rather than transferring or referring them elsewhere. It is imperative providers engaging in telemedicine maintain compliance with state and federal law, including professional board regulations, which enumerate requirements for the practice. Additionally, providers must stay abreast of varying reimbursement guidelines for telehealth encounters.
Each arrangement presents its own challenges and must be structured to ensure compliance with the various laws and regulations including, but not limited to, the False Claims Act, Anti-Kickback Statute, Stark Law, Health Insurance Portability and Accountability Act (HIPAA), Patient Choice laws, state insurance laws, and state professional board regulations.
Telehealth exists in many areas of health care delivery, including:
Small And Solo Practitioners
Small and solo practitioners to care eliminate many emergency or care visits, and enhance patients’ interaction and loyalty to a particular practice. Telemedicine technology allows small and solo practitioners to provide a greater continuity of care to their patients. Primary care physicians can more effectively triage their own patients, in order to recommend appropriate follow up or referrals to specialty areas.
Mental Health
Mental health providers have greatly expanded their practices to include telehealth. Telemental health increases the potential to lower a practice’s operating expenses and are more easily accessible to patients in crises. Care provided often does not require physical presence to effectively treat a patient’s condition. Mental healthcare providers through virtual encounters while complying with the applicable standard or care has been quite successful and has not abated since COVID-19’s decline. While all providers must review any software platforms to ensure compliance with the requirements of HIPAA, mental health providers should consider the sensitive protected health information in their possession, which may subject them to greater scrutiny. In fact, recently the Center for Medicare and Medicaid Services has proposed and enacted extensions of covered telehealth services in 2023 and for 2024. New York State has issued guidelines regarding telepractice through the NYS Department of Education.
Don’t face Telehealth challenges alone. At Birzon & Associates in Smithtown, we take great care to provide exceptional representation for a wide range of healthcare matters. Our knowledgeable lawyers have decades of experience assisting our healthcare clients in Nassau and Suffolk counties and are committed to helping you achieve your objectives.
