Amy Lerman, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, authored the chapter “Considerations for Non-Physician Telehealth Providers,” in the Telehealth Law Handbook, Second Edition, published by the American Health Law Association.

Following is a summary:

Telehealth is one of the most dynamic areas in health law today. In addition to new chapters dedicated to fraud and abuse, privacy and security, liability, and mobile health technology issues, this Second Edition has been updated and revised to reflect state and federal law in effect in the latter half of 2022. …

The COVID-19 pandemic ushered in not only an extraordinary need for health care providers to build telehealth capabilities, but also extraordinary regulatory flexibility, as federal and state authorities enacted emergency exceptions and permanent changes to longstanding requirements that had previously posed challenges to the adoption of telehealth. In this changed environment, the American Health Law Association® is pleased to bring you the expanded and updated Second Edition of Telehealth Law Handbook.

The Editor and Authors of Telehealth Law Handbook, Second Edition have expanded the contents to reflect considerations key to understanding today's telehealth legal and operational environment. Maintaining their concise and practical approach to the subject, the authors explain and assess the current state of the law, highlighting risks and opportunities for readers to consider today and into the future.

Coverage includes:

  • The flurry of regulatory activity governing the use of telehealth brought on by the COVID-19 pandemic;
  • Discussion of a 2022 OIG Special Fraud Alert warning practitioners to exercise caution when interacting with telemedicine companies;
  • Updated information about non-physician health professionals providing services via telehealth;
  • Explanation of how FTC and FDA impact telehealth;
  • State requirements for patient consent, provider licensing, the physician-patient relationship, and more;
  • Reimbursement rules for telehealth services under Medicare and Medicaid; and
  • New appendices reflecting state telehealth Medicaid coverage laws; state telehealth commercial insurance coverage laws; a sample telehealth policy and procedure; and a sample employer-provider telemedicine services agreement

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