In many cases telehealth has quickened and improved the delivery of healthcare services, such as consultation, patient triage, treatment, and education. But depending on where you live, conflicts between federal and state telehealth regulations can add complexity and slow the process considerably.
Think of it like a highway system. Federal laws set the speed limits and basic safety standards. States can then set their own speed limits within the federal guidelines, or add specific rules like mandatory rest stops within their borders. Some state regulations are stricter than federal guidelines, such as with privacy protections and differing reimbursement structures and rates.
Currently, telehealth regulations are a patchwork across states, causing confusion for both patients and providers. This limits patient choice and access to qualified care.
These are all reasons why we need uniform national telehealth standards to ensure the health and safety of patients and consistent, equitable telehealth services across all states.
Key differences in telehealth laws across states
These can be quite significant, affecting how telehealth services are implemented, accessed, and reimbursed. These differences can complicate matters for providers serving patients in multiple states and highlight the need for a standardized approach to telehealth regulation. Every state has different rules, and they change constantly.
● Licensing requirements: Some states require healthcare providers to be licensed in the state where the patient is located at the time of the telehealth service. Others participate in interstate compacts like the Interstate Medical Licensure Compact, which facilitates the licensing process across state lines but does not uniformly cover all states.
● Reimbursement policies: There is variability in how telehealth services are reimbursed by Medicaid and private insurers. Because Medicaid programs are state-specific, each state can determine what type of telehealth services are reimbursed, and for what amounts. Some states have parity laws that require insurers to reimburse telehealth services at the same rates as in-person services,
while others may not mandate such parity, leading to different reimbursement rates and coverage limitations.
● Types of services covered: States differ in the types of telehealth services they cover. For example, some may allow a broad range of services, including mental health treatments, while others might restrict telehealth to certain types of medical consultations or follow-up visits.
● Consent requirements: The requirements for obtaining patient consent for telehealth services can vary. Some states require written consent, while others are satisfied with verbal consent or have specific guidelines on how consent must be documented.
● Patient privacy and data security: States have their own regulations concerning patient data privacy and security during telehealth sessions, which can influence the technology platforms that providers can use.
Benefits of national telehealth standards
National uniformity in telehealth standards would help in streamlining regulations, simplifying the licensing process for providers, and ensuring that all patients receive the same standard of care regardless of their location. Here are some of the main benefits:
● Breaking down barriers – Streamlined national standards would remove unnecessary barriers for patients seeking telehealth services. This could be particularly beneficial for those in rural areas or with limited mobility.
● Increased provider pool – With clear, consistent rules, providers would be more comfortable offering telehealth services across state lines. This would expand the pool of qualified healthcare professionals available to patients. Given the shortage of qualified professionals in many parts of the country, states would be wise to increase access to qualified healthcare professionals within their borders.
● Maintaining safety – National standards can help ensure consistent quality and safety of care for all telehealth patients. This could involve establishing baseline requirements for technology, provider qualifications, and patient data security.
● Standardizing best practices – Nationally-recognized best practices for telehealth would raise the bar for quality of care across the board. This benefits patients by ensuring they receive safe and effective telehealth services.
● Improved outcomes – Standardized telehealth regulations can lead to better patient outcomes by promoting wider access to qualified healthcare professionals and fostering a culture of quality and safety.
For patients to be successful with telemedicine, it needs to be used to overcome the many systemic, geographic, and social barriers that limit access to healthcare. National standards for telehealth would help improve the experience for patients all over the U.S. The same would be true for clinicians.
Brandon M. Welch is the founder and CEO of Doxy.me, a telemedicine software company.
Brandon M. Welch , 2024-05-15 18:03:03
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