Despite legal and regulatory uncertainties, the telehealth industry continues to grow. A 2017 survey of healthcare executives found that three-quarters of respondents offer (or plan to offer) telemedicine services.
Most also said they agree that hosting meaningful telemedicine services will be critical to the future success of their organizations. That’s because telehealth has the potential to expand a provider’s geographic footprint, save time and dramatically reduce barriers to care, among other benefits.
Still, adoption hasn’t been as widespread as anticipated. This is partly because the legal and regulatory landscape is complex, underdeveloped and constantly shifting, a situation that has led to numerous misconceptions. Understanding fact from fallacy about telehealth can help healthcare organizations better position themselves to take advantage of this practice.
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Fact: The Legal and Regulatory Framework for Telehealth Is Complex
To scale business across multiple states, a telehealth company must carefully review state laws, regulations and regulatory guidance in places where patients are located. Varying factors include licensing requirements and scope of practice issues (such as forming the provider-patient relationship, remote prescriptions and informed consent).
Healthcare providers (who are familiar with stringent regulations) should know that business models and contracts suitable for one state won’t necessarily work everywhere. Telehealth practices must be sensitive to the need for business arrangements capable of satisfying regulations across states.
Fact: Telehealth Isn’t Limited to Medicine
Although the terms “telehealth” and “telemedicine” are often used interchangeably, a variety of fields are using the technology.
There has been significant growth in the use of telehealth in optometry, physical therapy and dentistry. Regulatory boards have taken notice, and several states have enacted telehealth practice acts specific to different professions.
But some specialties aren’t convinced. The use of telehealth technology for optometry has received significant opposition from the American Optometric Association, as well as state optometry boards and associations. In response, some states have banned the ability to conduct telehealth eye exams to issue or renew prescriptions for eyeglasses or contact lenses.