Understanding Licensure Requirements
One of the most critical aspects of telehealth is licensure. Practitioners must secure licenses in the state where the client is located. This requirement is driven by current medical and legal practices, emphasizing the importance of understanding state-specific regulations. For instance:
- Some states allow temporary practice without a license for up to 30 days.
- The Department of Defense (DOD) and Veterans Health Administration (VHA) have unique licensing requirements for practitioners on federal property.
State Laws and Telehealth
State laws vary significantly concerning telehealth. While some states have clear regulations, others do not. The American Speech-Language-Hearing Association (ASHA) and the Federation of State Boards of Physical Therapy (FSBPT) provide model practice act language to guide states in crafting their telehealth policies. Practitioners should:
- Consult state licensure boards for the most accurate information.
- Review state-specific statutes, regulations, and policies before beginning telehealth practice.
Billing and Reimbursement
Billing for telehealth services can be complex. Medicare does not currently recognize certain rehabilitation professionals as telehealth providers, but some state Medicaid programs and private insurers do. Practitioners should:
- Contact reimbursement entities to understand how telehealth services are billed.
- Use the modifier GT along with the appropriate CPT/HCPCS code for telehealth services.
Continuing Education and Malpractice Insurance
Maintaining licensure and ensuring malpractice insurance coverage are crucial for telehealth practice. Practitioners must:
- Fulfill continuing education requirements in both their home state and the client's state.
- Consult with their malpractice insurance carrier to ensure coverage for telehealth services.
HIPAA Compliance
Telehealth services must comply with HIPAA regulations, focusing on security and privacy. Practitioners should:
- Familiarize themselves with HIPAA Breach Notification Rules and technology encryption requirements.
- Follow the most restrictive privacy and security laws, especially those where the client is located.
Conclusion
Telehealth offers immense potential for delivering health care services, but practitioners must be well-versed in relevant legislation, regulations, and policies. For those interested in exploring this service delivery model further, professional associations and specialized organizations can provide valuable resources.
To read the original research paper, please follow this link: Telehealth Regulatory and Legal Considerations: Frequently Asked Questions.
