Telemental Health Services: Navigating Telemedicine Laws, State Licensure, Medicaid Coverage, Fraud, and Abuse

Wednesday, September 28, 2022 | 1:00 PM - 2:30 PM

Speaking Engagement

Webcast Only

McDonald Hopkins' Rick Hindmand will be presenting as part of a panel for this virtual event presented by Strafford.

Over 52 million people in the U.S. have a mental illness. Despite the requirements under the Mental Health Parity Act and the reality of poor access to mental health providers, more than 40 percent of people in the U.S. with a mental illness have no or few treatment options. Utilization of telemental health services may increase access to providers for people seeking mental healthcare.

Healthcare facilities, practitioners, and other providers of mental health services face numerous legal hurdles before providing telemental health services.

Mental healthcare providers seeking to offer services via telehealth technologies must understand each state's compliance and licensing requirements and its scope of practice and reimbursement rules. They also need to know how to create a professional relationship with a patient by electronic means, and the rules governing virtual prescribing. Also, mental health providers must be aware of the myriad reimbursement regulations, and anti-kickback and self-referral laws.

Listen as our authoritative panel examines the legal challenges to providing telemental health services, including licensure requirements, fraud and abuse laws, privacy and security, and more. The panel will also offer guidance on addressing specific practical challenges to these services, including retention of, access to, and disclosure of mental health records.

Over the past 24 months, the U.S. Department of Health and Human Services Office for Civil Rights has brought notable enforcement efforts against several non-profit covered entities and business associates, resulting in instances of six and seven-figure penalties against providers across the county for incidents involving breaches of protected health information.

A new amendment to New York state law, which would have required all healthcare providers to obtain separate consents from patients for treatment and payment is on hold until further guidance is released, according to the New York Department of Health.

On November 1, 2024, the Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 final rule, which establishes new advanced primary care management billing codes that will expand opportunities for physician practices, federally qualified health centers, rural health clinics and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse practitioner or physician assistant beginning January 1, 2025.

Telemental Health Services: Navigating Telemedicine Laws, State Licensure, Medicaid Coverage, Fraud, and Abuse

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