Member Article

In 2020, telehealth went from promising ancillary issue to center stage in the healthcare industry. Regulators and law enforcement took notice. With enforcers’ attention now squarely on telehealth fraud and abuse, telehealth providers and companies are poised to be among the main targets for civil and criminal enforcement in the coming years.

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Key Takeaways

• Telehealth is a key enforcement priority for federal and state enforcement agencies, including the U.S. Department of Justice, and likely to grow significantly in the coming years.
• Telehealth involves a complicated legal landscape that includes traditional fraud-and-abuse laws, state medical-profession rules, telehealth-specific reimbursement issues, and a host of other potential sources of liability.
• Telehealth rules and regulations are changing rapidly. Adding to that complexity, many of recent post-COVID-19 changes are temporary. Healthcare professionals and their counsel should regularly monitor changes to ensure compliance.
• In general, given the heightened focus on telehealth enforcement, telehealth providers and related professionals should proceed with caution and, where appropriate, obtain the advice of qualified counsel.
• For regular and timely information on telehealth law, compliance, and enforcement, visit TyHoward Telehealth!