Telehealth Growth = Expansion of Fraud & Abuse Enforcement

AHLA Connections March 2019

Alan Arville, Amy Lerman, Melissa L. Jampol, and Audrey Davis, attorneys in the Health Care & Life Sciences practice, co-authored an article in AHLA Connections, titled “Telehealth Growth = Expansion of Fraud & Abuse Enforcement.”

Following is an excerpt (see below to download the full version in PDF format):

Increased use of telehealth technologies for the provision of health care services is due to a variety of reasons, including a growing aging population, a nationwide shortage of health care providers, as well as evolving and increasingly sophisticated health care technology. Telehealth services are considered a cost-effective way to provide needed health care services to patients, and many patients are attracted to its convenience.

As the number of telehealth services available to be provided, and reimbursed for, has increased, enforcement agen­cies have placed more scrutiny on the regulation and distribu­tion of these services to ensure they are provided in compliance with applicable fraud and abuse laws and regulations. Govern­ment enforcement in the telehealth space is certain only to grow as utilization of these services increases. This article explores certain elements of the regulatory background for telehealth providers and common themes from administra­tive, civil, and criminal enforcement actions, in addition to presenting suggestions for avoiding problematic arrangements.