The use of telehealth has grown rapidly and emerged as a popular and effective option that many medical providers are embracing. The telehealth environment presents many benefits, but there are also challenges and risks that medical providers need to be aware of and manage.
To help with telehealth challenges, COPIC has developed a downloadable resource booklet—COPIC INSIGHT: Navigating the Medical Liability Aspects of Telehealth. This booklet focuses on telehealth issues from a medical professional liability perspective. It highlights some key considerations and questions that include:
- What issues need to be considered about how telehealth is used by different medical specialties and/or practice settings?
- What concerns for patient safety arise from telehealth services?
- How do standards for telehealth practice differ from those for in-person care?
- How do we manage legal and insurance coverage complications arising from practice across state lines?
In addition, this resource highlights the following information based on questions we have received from insureds:
2023 CHANGES
With a few exceptions, many federal and state “flexibilities” expired or returned to their prior status when the federal, COVID-19 Public Health Emergency officially ended on May 11, 2023. (Some provisions were extended to August 9, 2023.)
- Congress extended some payment considerations for Medicare and Medicaid through 2024.
- The DEA extended certain waivers pertaining to prescribing Controlled Substances until December 31, 2024, with specific restrictions.
- Medicare has made permanent certain payment rules and coverage policies; others it has extended until December 31, 2024.
- State telehealth rules—particularly licensure requirements—are positioning themselves across a spectrum from quite welcoming to quite restrictive. State laws should be considered potentially volatile for the near future. Telehealth regulations should remain favorable for providers licensed in the state where the patient is physically located at the time of service. However, for providers delivering services where they are not licensed, restrictions vary widely and need to be closely monitored.
Liability Coverage for Telehealth
With respect to insurance for professional liability, it is an open question whether a surge in new claims is pending in the pipeline, or whether, for reasons not entirely clear, telehealth may entail lower risk than in-person care. COPIC has taken the position of welcoming and supporting appropriate telehealth practice as a valuable enhancement to the care delivery system. We see a future in which patients’ access to care is meaningfully enhanced by this technology, lowering longstanding barriers of geography, logistics, economics, and other factors. We also expect continuing evolution in legal, regulatory, clinical, and organizational processes to accompany the shifts brought about by telehealth and its expanded use.
List of Telehealth Resources
The booklet contains a comprehensive list of links to key organizations, tools, and resources that are designed to help utilize and navigate the telehealth environment.
Information in this article is for general educational purposes and is not intended to establish practice guidelines or provide legal advice.
Article originally published in 2Q24 Copiscope.
