Telehealth Program Development and Compliance Considerations

Telemedicine and digital health have received increased focus and oversight flexibility in the wake of the coronavirus (COVID-19) pandemic. As hospitals and health care providers consider and implement or expand telehealth programs, they need to be aware of the unique regulatory compliance requirements. With this anticipated growth in digital medicine, providers can expect increased regulatory enforcement. Providers may face these issues and more as they invest in digital transformation and innovation:

  • Billing and understanding reimbursement opportunities.
  • Internal policies and procedures addressing best practices.
  • Contracting with third parties to minimize liability related to providing patient care remotely.
  • Compliance and enforcement risks.
  • State licensure and practitioner scope of practice considerations.
  • Remote supervision and remote use of advanced practice providers.
  • Prescription limitations.
  • Advocacy and coordination with government agencies and key lawmakers about telehealth policy.

Alston & Bird works with clients on the forefront of the digital transformation of health care, and our attorneys can provide:

  • Telehealth compliance training.
  • Reimbursement training.
  • Contract review, on behalf of either the telehealth provider (distant site) or recipient (originating site).
  • Form hospital telehealth services agreement templates.
  • State surveys on specific issues to assist in developing programs and policies.
  • Reimbursement model review.
  • Policy guidance in a rapidly changing reimbursement and regulatory landscape.
  • Enforcement strategy and response.

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