Strategic Perspectives: When is Telemedicine "Practicing Medicine" in Violation of the Law? An Emerging Framework for Compliance


Telemedicine is the future of health care, but under current law there is an open question: when does telemedicine constitute the unlawful “practice of medicine” in violation of state or other law? This question is critical for telemedicine providers and physicians and other professionals that provide telemedicine services and, along with reimbursement and current market conditions, should be considered as part of any business plan.

After providing an brief overview of the provisions of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) and other federal and state laws governing or effecting telemedicine, this Strategic Perspective will focus on the model policy recently issued by the Federation of State Medical Boards on telemedicine and identifies unanswered questions that must be addressed concerning the key issue of how to fit telemedicine within the legal “practice of medicine.”

Originally published in Health Reform WK-EDGE on May 28, 2014.

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Topics:  Health Care Providers, Healthcare, Physicians, Professional License, Telemedicine

Published In: Health Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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