Telehealth Legal and Regulatory Issues

Telehealth has created exciting new opportunities to increase access to health care; however, it also poses legal and regulatory hurdles for providers. For example, the regulatory scheme for physician licensure is complicated when the physician and the patient are located in different states. One solution to ease the burden of multistate physician licensure is the Interstate Medical Licensure Compact, which simplifies the licensure process for certain physicians. Concepts such as establishing a physician-patient relationship, informed consent, and standard of care also take on added regulatory layers when used in a multistate, telehealth context. As such, any providers utilizing telehealth should be cognizant of the state requirements where they are physically located, as well as of the state laws where their patients are receiving care. Further, providers must also abide by a variety of federal laws including the Ryan Haight Act, the Health Insurance Portability and Accountability Act, Stark, and the Anti-Kickback Statute.