Telehealth has exploded in the healthcare industry in just the last few years. It is now not only a recognized and credible option for the delivery of healthcare services, but sometimes the preferred one. Telehealth is defined as the use of communication technologies to provide healthcare at a distance. This can be performed by various means.
Telehealth vs. Telemedicine
The difference between Telehealth and Telemedicine is a small one. Simply put, telemedicine is the practice of medicine performed through remote means, while telehealth is much broader and applies to any kind of healthcare.
Types of Communication
Telehealth can be performed through various means, including telephone, video conferencing, or, in some states, store-and-forward. Store-and-forward, or “asynchronous” encounters occur where patient information is collected in written form, and the medical provider looks at and assesses the information at a later time. The provider will usually then make a recommended treatment plan or submit a prescription based on the assessment.
Most states allow store-and-forward telehealth, while states such as Utah prohibit it as the only means of interacting with a patient to diagnose, treat, or prescribe. Also, while providers may be permitted to use store-and-forward, many states will not reimburse for these types of patient encounters.
Out of State Encounters
Medical providers have always needed a license in a particular state in order to see and/or treat patients in that state. During the Covid-19 crisis, states softened their restrictions on seeing out-of-state patients. However, states have returned to previous positions and requirements and have even begun cracking down on providers who are not licensed in the states where the patients reside during the telehealth encounter.
Thankfully, many states have loosened restrictions on licensing for out-of-state providers. While some still require a provider to be licensed in their states, others allow their citizens to be seen if the provider simply registers with the state’s medical board. Others allow patient encounters in emergency situations without registering at all. Still others allow patients to be seen via telehealth if the provider is in the process of getting a license in a foreign state. In any case, providers may see out-of-state patients if the patient travels to the state where the provider resides. And in some cases, the provider can offer follow-up care via telehealth once the patient returns to the patient’s state of residence.
Check with one of our lawyers before conducting telehealth for out-of-state patients to avoid violating licensing requirements.
Standard of Care
In addition to all the other restrictions and requirements placed on a telehealth visit, a provider must be sure the encounter is sufficient to maintain the standard of care as would be required in a regular in-person visit. Simply put, if a provider cannot interact with the patient to properly diagnose or treat the patient, telehealth is not a sufficient means of healthcare in that situation. For example, a dermatologist in a telehealth visit may not be able to see a patient’s rash well enough to make a proper diagnosis. A PCP can’t see if a patient has strep throat over a phone call. Providers need to ensure all telehealth encounters meet the proper standard of care for the situation.
Call us today if your business uses telehealth to ensure legal compliance.