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 iPhoneiPad, 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.)

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.