Evolving Telehealth Law and Compliance, Telehealth Law Handbook, Third Edition

Amy Lerman and Christine Burke Worthen, Members of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, contributed to the Telehealth Law Handbook, Third Edition, published by the American Health Law Association.

Amy Lerman authored Chapter 4, “Considerations for Non-Physician Telehealth Providers.” This section examines key considerations for non-physician telehealth providers, including allied health professionals and their various types, applicable telehealth practice standards, and specific areas such as telenursing, telebehavioral health, and telephysical therapy, as well as supervision requirements and licensure issues for health coaches.

Christine Burke Worthen co-authored Chapter 3, “Licensing Issues for Physicians.” This section addresses licensing issues for physicians, including the impact of COVID-19, state telehealth licensing requirements, and variations among states with full licensure, special license or registration requirements, and bordering state exceptions. It also covers the Interstate Medical Licensure Compact, exceptions for physician-to-physician and infrequent consultations, and supervision of allied health professionals.

Following is a summary:

Legal and regulatory requirements for telehealth continue to quickly evolve. The stunning growth of telehealth has triggered: 

• changes in reimbursement rules,  
• increased scrutiny by fraud enforcers, 
• technological advances including the use of artificial intelligence, and  
• early signs of growing potential for liability.  

This evolution necessitates familiarity with a patchwork of changing federal and state authority that may (or may not) apply depending on: 

• the type of care being provided,  
• where it is provided,  
• by whom, and  
• the potential payment source.  

To help navigate this changing landscape, the American Health Law Association’s third edition of the Telehealth Law Handbook is a concise and practical guide written by telehealth law practitioners for advisors of health care entities, technology developers, policy makers, payers, investors, and anyone working to offer telehealth to patients.  

For more information and to purchase, please visit LexisNexis.com.