Navigating Telemedicine Law: Key Insights for Providers and Patients in Florida

Online doctor taking care of a patient with cold and flu on video call, telemedicine concept

In recent years, telemedicine has revolutionized healthcare delivery, offering convenience, accessibility, and efficiency to both patients and providers. However, as this innovative field continues to expand, it brings with it a complex web of legal regulations and considerations. Understanding telemedicine law is essential for healthcare practitioners, patients, and telemedicine companies alike, especially in states like Florida, where specific regulations are in place. In this blog post, we’ll delve into everything you need to know about telemedicine law, with a focus on Florida’s unique legal landscape.

What is Telemedicine Law?

Telemedicine law encompasses a wide range of legal issues related to the practice of medicine via electronic communication technologies. These laws govern everything from licensure and prescribing practices to patient privacy and reimbursement policies. Given the rapid evolution of telemedicine, laws and regulations are constantly evolving to keep pace with technological advancements and emerging healthcare needs.

Telemedicine Law in Florida

Florida, like many states, has enacted specific legislation to regulate telemedicine practices within its borders. The Florida Telehealth Act, enacted in 2019, provides guidelines for the practice of telehealth services, including telemedicine, in the state. Under this law, healthcare providers engaging in telemedicine must adhere to certain standards of care and licensure requirements.

Key Provisions of Florida Telemedicine Law

One of the key provisions of Florida’s telemedicine law is the requirement for a valid patient-provider relationship. This means that before providing telemedicine services, healthcare providers must establish a relationship with the patient through an in-person examination or a face-to-face evaluation via telemedicine.

Additionally, Florida law mandates that healthcare practitioners delivering telemedicine services be licensed in the state. This requirement ensures that patients receive care from qualified professionals who are held to the same standards as those providing in-person services.

Moreover, Florida telemedicine law places restrictions on prescribing medication via telemedicine, particularly controlled substances. Providers must adhere to stringent guidelines when prescribing medication remotely to ensure patient safety and prevent potential abuse or fraud.

The Role of Telemedicine Attorneys

Given the complex and evolving nature of telemedicine law, many healthcare providers and telemedicine companies enlist the expertise of telemedicine attorneys to navigate legal challenges and ensure compliance with state and federal regulations. Telemedicine attorneys specialize in advising clients on a wide range of legal issues, including licensure, reimbursement, fraud, and compliance.

Preventing Telemedicine Fraud

Telemedicine fraud is a growing concern within the healthcare industry, particularly as telemedicine usage increases. Fraudulent activities may include overbilling, improper prescribing practices, and billing for services not rendered. Telemedicine fraud attorneys play a crucial role in investigating and prosecuting fraudulent activities, protecting both patients and legitimate providers from harm.

In conclusion, telemedicine law is a complex and rapidly evolving field that impacts healthcare providers, patients, and telemedicine companies alike. In states like Florida, specific regulations govern the practice of telemedicine, emphasizing the importance of compliance and adherence to legal standards. By staying informed about telemedicine law and enlisting the assistance of telemedicine attorneys when necessary, stakeholders can navigate legal challenges and ensure the delivery of safe, effective, and compliant telemedicine services.

All You Need to Know About Florida Telehealth Laws

Florida Telehealth Laws

As a medical professional in Florida, it is important to understand the regulations and requirements for providing telehealth services. Protecting oneself against perceived violations of Florida telehealth statutes starts with understanding the laws surrounding healthcare that is provided remotely.

Here’s what you need to know.

What Is Telehealth?

Telehealth refers to the delivery of any and all health-related services and information through electronic communication technologies, such as video conferencing, phone calls, and mobile apps.

Telehealth can happen between patients and their primary care physicians, specialists, or mental health professionals. Though it is not possible to accurately diagnose all issues or provide services that must be performed in person, it has proven to be an effective way to manage patient care quickly and efficiently.

Telehealth Regulations in Florida

In Florida, telehealth is regulated by the Florida Board of Medicine and the Florida Board of Osteopathic Medicine.

These boards have issued guidelines for the use of telehealth, which include the requirement for a valid physician-patient relationship and the need for appropriate privacy and security measures to protect patient information.

Licensure and Continuing Education Is Required to Provide Telehealth in Florida

In Florida, medical professionals must be licensed in the state in order to provide telehealth services. This means that out-of-state medical professionals cannot provide telehealth services to Florida residents unless they have obtained a Florida license.

Additionally, scope of practice applies in the Telehealth realm just as it does in person, and medical professionals in Florida should stay up-to-date with telehealth regulations and best practices through continuing education and training.

Payment for Telehealth Services in Florida

Most private insurance plans, Medicare, and Medicaid in Florida cover telehealth services. However, it is important to check with each payer to confirm coverage and reimbursement policies before offering services.

Privacy and Security Is Critical

Medical professionals in Florida must comply with federal and state privacy and security laws, such as HIPAA, to ensure the protection of patient information during telehealth appointments. This includes ensuring the confidentiality of patient information and using secure communication methods for telehealth appointments.

Documentation Required for Telehealth Appointments

Whether or not Telehealth is a part of medical treatment or the entirety of care, thorough domination is necessary. Medical professionals should document telehealth appointments in the same manner as traditional in-person appointments, including recording the diagnosis, treatment plan, and any relevant patient information.

Telehealth Regulation Compliance Support

Telehealth is a growing trend in Florida and offers medical professionals a convenient and accessible alternative to traditional in-person medical appointments that allows offices and clinics to save time and resources.

By understanding the regulations, reimbursement, quality of care, and privacy and security requirements, medical professionals can provide high-quality telehealth services to their patients. If, however, there are any issues with compliance or accusations of negligence, Florida Healthcare Law Firm can help. Call to set up a consultation now.

DME Scheme of Greed Knows No Bounds

Durable Medical EquipmentBy: Susan St. John

In yet another take-down of an illicit scheme to defraud the Medicare Program and ChampVA, as well as other insurers, Patsy Truglia has been sentenced to 15 years in federal prison. He has also had assets forfeited since these assets were acquired with money from his ill-gotten fraud scheme. In total, Mr. Truglia and his co-conspirators collected approximately $18.5 million from Medicare, ChampVA, and insurance using a scheme of telemarketing, telemedicine, and multiple DME providers or “store fronts.”

The scheme used telemarketers to collect beneficiaries personal and medical information to create orders for DME products such as knee, back, and wrist braces. These orders were then provided to telemedicine practitioners for signature – often without a valid telehealth communication. In essence, there was no attempt at having a practitioner exercise independent judgment as to the medical necessity of these DME products. Instead, these practitioners were paid for their signatures on the pre-filled order forms as part of the “scheme of greed.” From January 2018 to 2019, this scheme of greed resulted in approximately $12 million in payment to Truglia and his co-conspirators.Continue reading

A DME Fraud of Epic Proportions

dme telemedicine fraud

dme telemedicine fraudBy: Michael Silverman

Almost two years after “Operation Brace Yourself” regarding purported telemedicine and orthotic bracing fraud made national headlines, on February 4, 2021 the Department of Justice Announced that a major player in that fraud – Florida businesswoman Kelly Wolfe – recently pled guilty to criminal health care and tax fraud charges.

Operation Brace Yourself was a 2019 crackdown on the illegal use of telemarketing and telemedicine to generate fraudulent claims for DME orders, whose reach spanned continents and ultimate implications defrauded taxpayers out of billions of dollars.

According to the Department of Justice Press Release and Settlement Agreement, Mr. Wolfe was seemingly a significant mastermind in establishing hundreds of DME companies that went on to defraud US taxpayers and Medicare beneficiaries.

Here are some highlights of the recently signed Settlement Agreement between the United States DOJ, Kelly Wolfe and her company Regency, Inc.Continue reading

Interpreting Telehealth Law in Florida Has Never Been Easier

Telehealth Law Florida

Telehealth Law FloridaFor medical practices and professionals who need guidance interpreting telehealth law in Florida, contact Florida Healthcare Law Firm, where legal advice for healthcare professionals is our sole focus.

As in most corners of the country, the practice of telehealth is in full swing, especially during this unprecedented year of Covid-19 ramifications. Most physicians completely support and embrace the notion of virtual office visits and have been utilizing these innovative methods even more so since the pandemic’s onset this past spring. The challenge for most physicians, dentists, ancillary facilities and hospitals, however, lies not in the ability of their professionals to fulfill virtual appointment requirements, but in insurance companies’ willingness to pay for it, according to many legal scholars. This is why most healthcare professionals agree that healthcare law experts have never been so important throughout the nation, and Florida is no exception. That’s where Florida Healthcare Law Firm comes into play. With a team that collectively brings 150 years’ experience to the field of medical legal services, our staff can help busy doctors and hospital administrators interpret the complexities of virtual regulations and negotiate within legal parameters so their rights are upheld. The worry of insurance companies outwitting healthcare providers need not be an issue, so healthcare workers can get back to their business of focusing on what’s most important: their patients.

How do we make this happen so easily? In short, it’s our sole focus. As we say, our team “doesn’t dabble in healthcare [legal service]; it’s the only thing we do.” As an active part of our client’s team, we work with healthcare practitioners every step of the way to increase understanding, educate and partner to achieve your goals and, ultimately, your success. We have found that medical providers often face challenges in interpreting the ever-changing legal state and federal regulations that govern telemedicine. Confusion can arise in the areas of practice standards, medical records, scope of practice, registration, venue, reimbursement of fees, exemptions and review of fees. But this field of the law is our area of expertise. We can counsel you in services ranging from diagnosis to consultation, treatment and patient care management. We also are up to date on regulations regarding medical data, health education and public health. Trust our skilled and experienced team to know what’s happening in Florida, the most critical changes implemented by the state’s advisory council and the expanding capabilities of telemedicine as they evolve. We are available for your support 24/7. Contact Florida Healthcare Law Firm today for your first free consultation and find out how we can ease your legal burdens.

Florida State Surgeon General’s Emergency Order 20-011 Continues to Allow Out-of-State Practitioners to Offer Telehealth Services to Persons in Florida

telemedicine extension

telemedicine extensionBy: Susan St. John

On June 30, 2020, State Surgeon General, Scott A. Rivkees, M.D., issued Emergency Order (“EO”) 20-011, which further extends EO 20-002 until the expiration of the Governor’s Executive Order No. 20-52, or any extensions thereof. Thus, EO 20-011 continues to allow out-of-state MDs, DOs, APRNs and PAs, to offer telehealth services to persons in Florida.

EO 20-011 continues to allow Florida licensed controlled substance prescribers (MDs, DOs, APRNs, PAs) to issue renewal prescriptions of controlled substances for non-malignant pain for existing patients. Additionally, EO 20-011 extends a qualified physician’s ability to recertify an existing qualified and certified patient’s continued use of medical marijuana using telehealth services. These further extensions are also tied to the expiration of Executive Order 20-52 and any extension thereof.Continue reading

The Top 5 Legal Concerns When Developing a Healthcare App

creating a healthcare app

creating a healthcare appBy: Steven Boyne

Today no one can live without a smart phone, and we interact with the rest of the world through a series of apps that reside on our handheld devices.  From the healthcare perspective many large healthcare institutions and private companies have developed a myriad of healthcare related apps that currently reside in Apple’s App Store and  Googles Play Store.  You can measure your heart rate, get clinical advice, view your records, check on your health insurance coverage, make appointments and virtually interact with many different types of healthcare providers.  But even in today’s hyper-electronic society it took COVID-19 to really cause an explosion in telehealth, so what does that tell us?  There is a lot more room for expanding electronic interactions with patients and clients through Apps.  So, here are the top five legal concerns should you address when you develop a Healthcare App:Continue reading

Avoiding HIPAA Violations During COVID-19

telehealth laws after covid-19

telehealth laws after covid-19By: Steven Boyne

The COVID-19 virus has and will probably continue to change the way healthcare providers and business associates interact and help their patients. As many providers are aware, a HIPAA violation is a serious issue, and can cost a healthcare entity large amounts of time and money to respond to any regulatory investigation. Recognizing that the COVID-19 pandemic has strained every corner of the economy and is THE MOST IMPORTANT issue for almost every industry, the federal government has rolled back some HIPAA protections. It is unclear how long these rollbacks will last, and it is possible that some of them may be permanent, but for now healthcare providers and their business associates can take some comfort that they can focus on delivering care and not dealing with overly burdensome regulations and investigations. The major changes include:

  • Telehealth. Changes include allowing physicians and other healthcare providers to offer telehealth services across State lines, so State licensing issues should not be a concern. Additionally, Providers are essentially free to choose almost any app to interact with their patients, even if it does not fully comply with the HIPAA rules. The HHS allows the provider to use their business judgment, but of course, such communications should NOT be public facing – which means DO NOT allow the public to watch or participate in the visit!
  • Disclosures of Protected Health Information (PHI). A good faith disclosure of such information will not be prosecuted. Examples include allowing a provider or business associate to share PHI for such purposes as controlling the spread of COVID-19, providing COVID-19 care, and even notifying the media, even if the patient has not, or will not grant his or her permission.
  • Business Associate Agreement (BAA). As most healthcare providers know, a BAA agreement between a provider and an entity that may have access to PHI is required by law. During the COVID-19 pandemic, the lack of a BAA is not an automatic violation.

Continue reading

Getting Back to a New Workplace Normal

Getting Back to a New Workplace Normal

By: Steven Boyne

As employers begin to consider opening their offices and bringing back their employees and inviting other people into their offices, such as patients, there are many issues that should be considered and planned for BEFORE the front door is opened.

Quick Legal Advice – COVID-19 is new to everyone, including Government regulators and plaintiff lawyers, so we are all learning as we go along. The best legal advice in these uncertain times is:

  1. Find out what other similar situated companies are doing, as you may be held to their standards;
  2. Find checklists and advice from well reputable entities;
  3. Document your decisions; and
  4. Communicate.

OPENING YOUR DOOR TO YOUR EMPLOYEES

As an employer you have a responsibility to provide a safe working environment, and as of today it is clear that the following is a minimal list of considerations:Continue reading

Breaking News – State Surgeon General Issues Order 20-007 May 9th

State Surgeon General Issues

florida breaking healthcare news on controlled substancesBy: Susan St. John

In my last post, I promised to keep you updated as to any new orders from the State Surgeon General that would further extend a practitioner’s ability to prescribe refills of non-malignant pain controlled substances using telehealth communications, or a qualified physician’s ability to recertify an existing qualified patient’s use of medical marijuana. The Surgeon General has extended the ability to continue assisting patients with these specific needs (as well as other needs) until May 31, 2020, through the issuance of Emergency Order 20-007 on May 9, 2020.

Keep in mind, that to prescribe a refill of a controlled substance for chronic non-malignant pain, the practitioner must be an MD, DO, APRN, or PA licensed in Florida and designated as a controlled substance prescribing practitioner. Further, to prescribe such controlled substances using telehealth communications during this public health emergency, the patient must be an existing patient of the prescribing practitioner.Continue reading