Going Virtual: 2021 Legislative Update and Critical Considerations for Legal Compliance

“Virtual Care” (telemedicine and telehealth) is here to stay.  Survey results, legislative efforts, and payor data all suggest that we will continue to see the expansion of these services – even as we transition out of the pandemic.  At the same time, federal and state regulatory bodies have announced their intention to closely monitor these virtual services for legal compliance.  Given the increased volume, we can also expect to see a significant uptick in professional liability claims, negligent credentialing claims, and other Virtual Care-related litigation, underscoring the need for legal compliance and implementation of “best practices.”

Of course, this is easier said than done.  The regulatory framework has been in constant flux since the pandemic hit. Temporary exceptions and waivers, both at the federal and state level, were implemented to foster the immediate use of Virtual Care. While some permanent change has been made, the bulk of the emergency exceptions and waivers have either expired or are scheduled to expire. At the same time, federal and state legislative efforts are actively underway to address these matters and to provide more comprehensive regulation in connection with the professional practice through Virtual Care.

We are at a critical point. It is imperative that health systems, hospitals and other health care providers develop a long-term strategy and meaningful compliance plan surrounding Virtual Care.  In doing so, these providers should not only account for the applicable law and regulation today, but should consider what we expect the law and regulation to be tomorrow. In an effort to assist providers to face this challenge, this presentation will cover the following:

• Status of current virtual care waivers and exceptions;
• Federal legislative update and expectations in relation to virtual care reimbursement and professional practice;
• State-level regulatory trends and considerations applicable to virtual care; and
• Critical elements to include in any virtual care compliance plan.

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