Amy Lerman, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in Healthcare Risk Management, in “Telemental Health Survey Finds Increased Risk of Fraud.” (Read the full version – subscription required.)
Following is an except:
In its fifth year examining state telemental health laws, regulations, and policies, the firm found that the COVID-19 pandemic has put pressure on lawmakers to increase access to telemental health services, while also finding greater potential for fraud.
State laws are changing rapidly regarding the use of telehealth services, says Amy Lerman, JD, an attorney with Epstein Becker Green and the main author of the report. That increases the risk of noncompliance as organizations work with providers across state lines, she says.
“Within many of the states, for instance, there are evolving approaches to remote subscribing. Tracking issues like that can be challenging to keep track of what your licensed professionals can do in that area,” she says “We don’t see as often that states remove these laws, with it being more common to provide positive guidance. But there are nuances, especially with mental health services. A mental health provider may need to follow more requirements and have more obligations than other providers.”
Fraud is another concern as the use of telemental health services increase, Lerman says.
“The enforcement bodies are watching, so it more important now than ever to make sure you are doing everything in the right way. You need to know if you can do in Texas what you are doing in Pennsylvania,” she says. “It matters because there is enforcement activity ongoing. The magnitude of it is very significant, especially from a risk perspective.”
For more information and to read our analysis of regulatory requirements for professional mental/behavioral health practitioners and stakeholders seeking to provide telehealth-focused services, please see our Executive Summary and the firm’s press release, and download the complimentary app ꟷ available for iPhone, iPad, and Android devices.
This article also appeared in the February issue of Case Manager Advisor, in “Telemental Health Survey: Increased Risk of Fraud,” by Greg Freeman. (Read the full version – subscription required.)