Telehealth

Following the rapid rise of telemedicine spawned by the COVID-19 pandemic, healthcare entities and telemedicine companies are now shifting their focus to the operational, legal, and compliance considerations associated with long term telehealth adoption. In this opening session, our esteemed co-chairs will set the stage for the conference with a high-level exploration of the current and emerging telehealth landscape and the regulatory framework currently governing telehealth practices and services.

• Examining the real risks associated with unlicensed practice and the differing standards by role
• Assessing the current status of Multi-State Licensing Compacts for telehealth practices and where they are heading
  • Weighing the limitations and opportunities
  • Understanding the nuances of Psychology Compacts, Nurse Compacts, etc.
• Navigating the requirements and limitations of “special” or “out-of-state” licenses
  • Evaluating when a state consultation exception will work for telehealth and its limitations
• Exploring state flexibilities extended during the COVID-19 public health emergency which waived or suspended certain licensing requirements, extended temporary practice laws, or enacted legislation to make cross-state licensing extended or permanent
  • Where are these state initiatives being rolled back, and which states have enacted them permanently?
• Understanding the need for licensure safeguards around EHR, scheduling and billing and how to implement them

• Navigating the telehealth credentialing process
• Understanding the “credentialing by proxy” process and its benefits, risks and limitations
• Ensuring compliance with the latest requirements of the Federation of State Medical Boards (FSMB), Centers for Medicare and Medicaid Services (CMS), The Joint Commission (TJC), and other relevant agencies

• Analyzing state by state telehealth regulations that apply to the physicians and nurses, their scope of practice and how to establish a doctor/patient relationship through telemedicine
• Understanding different state’s definitions of what constitutes “telemedicine” following the pandemic
• Minimizing potential compliance risks by developing a comprehensive telehealth policy with regard to:
• Scope of services
• Clinical guidelines
• Patient eligibility criteria
• Provider qualifications
• Technology requirements
• Informed consent

• Analyzing the specific legal, regulatory and compliance considerations for DTC telemedicine providers that leverage asynchronous technologies
  • E.g. adaptable medical intake forms, symptom survey questionnaires, image sharing, clinical decision trees, etc.
• Understanding the ways that asynchronous DTC telemedicine intensifies legal concerns surrounding HIPAA data disclosure and physician malpractice exposure
• Conquering the risks to patient privacy and security against internet tracking technologies, while still improving a companies’ bottom line
  • Establishing best practices to navigate privacy laws and remain HIPAA compliant
  • Understanding the legal implications of patient data sharing
• State considerations on transaction approval requirements and management service arrangements in DTP telehealth

• An overview of state reimbursement flexibilities for telehealth that were implemented during the pandemic
  • Understanding which flexibilities have ended, which are being temporarily extended and which have been permanently codified into law
• Insight on proposed state legislative changes on telehealth billing and reimbursement that are coming down the pike; and navigating the risks posed by regulatory changes
• Identifying the risks associated by the delivery of telehealth in states that currently cover (and do not cover) Medicaid and CHIP services
• Examining current and future mandates for commercial payors and what they cover
• Evaluating the potential permanency of the Centers for Medicare and Medicaid (CMS) telehealth flexibilities
• Assessing whether Accountable Care Organizations (ACOs) will offer telehealth services in anticipation of the looming December 31, 2024 expiration date

• A comprehensive overview of the legal and regulatory framework governing telehealth accessibility
• Understanding what practices telehealth providers must implement in order to be compliant with protections afforded by:
  • The Americans with Disabilities Act (ADA)
  • Section 504 of the Rehabilitation Act of 1973
  • Title VI of the Civil Rights Act of 1964
  • Section 1557 of the Patient Protection and Affordable Care Act
• Examining recent guidance released by HHS Office for Civil Rights (OCR) regarding telehealth accessibility
• Best practices for telehealth service providers to increase accessibility
• Identifying and addressing implementation factors such as digital literacy, technology, and analytics
• Real-life examples of telehealth companies getting into trouble for lack of accessibility

• Addressing the increased enforcement focus of HHS and OCR on telehealth and protected health information
• Wearables and tracking technologies in telehealth: understanding the inherent data privacy compliance risks
  • Examining FTC’s recent enforcement measures to prevent the collection and monetization of sensitive information through conduct exploiting locations, health data, and other private information
• Understanding the DOJ’s use of the False Claims Act to enforce cybersecurity flaws
• Assessing the cybersecurity risks associated with telehealth provider use of supply chains and third-party vendors
• What policies, practices and protocols should telehealth providers be implementing in order to protect confidential information?
• Navigating compliance with varying state data privacy laws
• Analyzing cross-border challenges to data and privacy

• Examining the various ways AI is being utilized in connection with telehealth – chatbots, clinical survey assessments, diagnostics, health record/data analysis and more
  • Best practices to identify and avoid inherent clinical, legal, and ethical risks
• Understanding how telehealth providers can seize the opportunities presented to patient care via AI while avoiding legal and ethical risks
• Examining the effects of AI on the patient-provider relationship