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The Doctor Will See You Now: Legal & Regulatory Reforms Expand Telemedicine

Steven M. Harris, Esq.  |  Issue: April 2020  |  March 17, 2020

Is Telemedicine Right For You?

Consider the ways in which using telemedicine may benefit your practice. Many physicians in different practice areas have acknowledged the benefits of physician collaboration for consultation and second opinions; other providers have confirmed significant cost savings by seeing patients remotely and having the ability to reduce overhead costs. Moreover, telemedicine provides a way to expand your patient population to reach those individuals outside a saturated service area or add new patients, while efficiently using available time that would not be possible with in-person patient visits.

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The caveat remains—knowing the nuances of state and federal laws is critical to avoid potential malpractice lawsuits, HIPAA or privacy breaches, or fraud and abuse violations, among other things. Review the points below:

The Benefits

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  • Decreased provider burnout;
  • Decreased communicable diseases;
  • Increased number of patients reached;
  • Increased services to rural areas;
  • Reduced equipment and supply costs; and
  • Reduced staffing shortages.

Avoid the Pitfalls

  • Determine each state’s licensure requirements;
  • Enroll in malpractice, cyber and (if applicable) product liability insurance;
  • Remember the patient’s state controls the standards of care and informed consent;
  • Implement adequate data and cyber security software and monitoring;
  • Do not communicate with patients via unencrypted text, email or Skype
  • Train yourself and staff on the technology and related programs or devices; and
  • Take time to review private and government payer coverage and reimbursement policies for the services you intend to provide in each applicable state.

Review all current laws and regulations before implementing telemedicine in your practice.


Steven M. Harris, Esq., is a nationally recognized healthcare attorney with McDonald Hopkins LLC. Contact him at [email protected].

Updated April 7 to reflect new info from the CMS.

Updated May 5 to reflect more current information.

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Filed under:Legal UpdatesProfessional Topics Tagged with:COVID-19telehealthtelemedicine

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