You can run many businesses in different US states, but things can be a bit more complicated when you are in the medical field. Each state has its laws and regulations for telehealth services, making it difficult to navigate and stay compliant.
However, with the recent update on state telehealth laws, there are some key changes that you need to pay attention to. This blog will provide the most up-to-date information on state telehealth laws and regulations.
What Are the Legal Considerations for Telehealth Services?
The logic behind state telehealth laws is that they protect patients and ensure that healthcare providers follow ethical guidelines in providing virtual care. Therefore, it is important to understand the legal considerations for telehealth services, including:
- Licensure: Each state has its compliance regulations for healthcare providers practicing telehealth within their borders. This means that if you want to provide telehealth services in a different state, you may need to obtain a separate license or have an agreement with another licensed provider.
- Standard of Care: Telehealth laws also address the telemedicine practice guidelines for virtual appointments. This includes maintaining patient confidentiality and ensuring that the quality of care provided through telemedicine is equivalent to an in-person visit.
- Reimbursement policies: With the rise of telehealth services, many insurance companies have started to cover virtual visits. However, each state has different regulations and guidelines for what services are covered and how much will be reimbursed. It is important to understand these regulations to properly bill and receive payment for your telehealth services.
Which Telehealth Laws Should I Check If I Want to Provide Services in Some States?
The unified place where you can access state telehealth laws - at federal and state levels - is the National Telehealth Policy Resource Center. You can easily access a map showing all current telehealth laws in each state by clicking on the "State Laws and Reimbursement Policies" tab on their website. This will provide information on licensure, standard of care, reimbursement policies, and any other relevant regulations for telehealth services in each state.
Should I Undergo Different Licensure Procedures Each Time I Provide Telehealth Services in a New State?
Well, almost. There might be states that have similar telemedicine practice guidelines, but most states and territories require healthcare providers to obtain a separate license or certification for providing telehealth services. However, many states have joined the Interstate Medical Licensure Compact, which allows for expedited licensure in participating states as long as certain requirements are met.
In simpler words, IMLC enables physicians to apply for a license in one state and have it recognized in multiple participating states without having to complete the full licensure process for each individual state. This helps providers save time and resources when they want to practice telehealth across state lines.
How to Apply for Interstate Medical Licensure Compact?
There are steps you can use to prequalify yourself for expedited licensure in different states. Below is a brief guide on how to do that.
Step 1: Meeting Compact Eligibility Requirements
First, you must hold at least one active state medical license, which should be in good standing. You must also meet any additional eligibility requirements set by the state of your primary licensure.
These include state telehealth laws such as requirements for maintaining medical malpractice insurance, meeting the standard of care, and following state-specific telehealth regulations.
If your medical license has a pending disciplinary action or a history of disciplinary actions, you may not be eligible for expedited licensure under the IMLC.
If you have one or more state medical licenses that have been subjected to discipline, you may be required to complete additional steps before being eligible for expedited licensure under the IMLC.
Step 2: Adhering to Compact Rules and Definitions
Compact rules and definitions refer to the requirements and guidelines that physicians who are applying for expedited licensure under the IMLC must follow.
These rules and definitions include adhering to state-specific telehealth regulations, maintaining compliance with medical malpractice requirements, and following state laws related to controlled substances.
It is important for physicians to fully understand these rules and definitions before applying for interstate medical licensure compact.
Step 3: Apply for Licensure
Lastly, you can apply for expedited licensure under the IMLC once you have met all the eligibility requirements and adhered to compact rules and definitions.
The application process involves completing an online form and providing required documents, such as proof of active state medical license, medical education credentials, and background check information.
After you submit your application, the Commission's staff will review it to ensure that you have met all necessary requirements.
If approved, you will receive your expedited license within a few business days.
What Do You Receive from IMLC?
That's a good question to ask at this point because many telehealth providers think they will get a single license that allows them to practice in all IMLC states.
Unfortunately, this is not the case.
IMLC is the intermediary that facilitates the expedited licensing process, but individual state medical boards are still responsible for granting licenses.
Therefore, physicians who apply for IMLC will receive a separate license from each state where they wish to practice under the compact.
This means that if you want to practice in 10 different states under the IMLC, you will have to go through the application process and pay fees for each of those states. Additionally, this means you will have to adhere to the laws and regulations of each state in which you hold a license.
Main Types of State Telehealth Laws I Should Be Aware Of
When you're just wandering across state lines, the telehealth guidelines 2024 might be very confusing, leaving you feeling like you're in a regulatory gray area.
Now, we will try to explain in jargon the main types of state telehealth laws you should be aware of.
Full License
The full license is your traditional medical license that allows you to practice in a specific state.
In most cases, this license requires an individual to have completed a state-specific application process, including submitting medical education credentials and passing examinations.
Full licenses are typically necessary for in-person patient visits and can also apply to telehealth services if your state has not adopted any specific telehealth laws. The term "full" indicates you can work free of any telehealth-specific restrictions, provide a full-scale of telehealth services, and pursue a range of insurance reimbursements.
Temporary Practice Laws
There are also state telehealth laws that allow for temporary practice, which means you can provide telehealth services in a state without having to obtain a full license. These laws may benefit healthcare providers who must travel across state lines for short-term reasons, such as providing disaster relief or volunteering at special events.
Temporary practice laws often limit the length of time an individual can practice in a state and the types of services they can provide. Before utilizing temporary practice laws, it's important to research and understand the specific restrictions and guidelines of each state.
Licensure Reciprocity
If the state where you have a license in and the state you don't have a license in but want to provide telehealth services have a licensure reciprocity agreement and common border, you may be able to practice in the latter state without having to obtain a full license. Licensure reciprocity is an agreement between two states that allows licensed healthcare providers in one state to practice in the other without going through the full application process.
It's important to note that not all states have licensure reciprocity agreements, and those that do may have different requirements or restrictions. Check with the state medical board or Department of Health to understand the specifics of any licensure reciprocity agreements.
Telehealth Registration
Think of these state telehealth laws as the opportunity to apply for a temporary license to practice telehealth in a state you don't have a full license in. These laws usually require healthcare providers to register with the state and may also restrict the types of services that can be provided.
Telehealth registrations allow out-of-state healthcare providers to offer their services to patients in a state for a certain period, usually 30 or 60 days. After that time frame, the provider must either obtain a full license in the state or stop providing telehealth services there.
In order to qualify for a telehealth registration, you should not have been subject to any previous disciplinary action or have any restrictions on your license. However, it's important to check with the specific state's laws and regulations, as requirements may vary.
Interstate Medical Licensure Compact
As already discussed, the Interstate Medical Licensure Compact (IMLC) is an agreement among certain states that simplifies obtaining licensure in multiple states. It allows physicians already licensed in one IMLC member state to obtain expedited licensure in another IMLC member state without having to go through the full application process.
Providers must meet certain criteria to be eligible for the IMLC, such as possessing a clean license history and completing continuing medical education requirements. Additionally, not all states participate in the IMLC, so it's important to check which states are involved before applying for licensure.
While the IMLC can make obtaining licensure in multiple states easier, it's important to note that it only applies to full medical licenses and not telehealth registrations.
What If I Adhere to Telehealth Guidelines 2024?
Telehealth is a sensitive industry, considering the nature of its services. From consultations to diagnosis, treatments, and prescriptions, telehealth providers must adhere to strict guidelines to ensure the safety and well-being of their patients.
In 2024, more advanced guidelines for telehealth practitioners are likely to be in place. As technology continues to evolve, so do the risks associated with providing remote medical care. It's important for providers to stay updated on these guidelines and comply with them to maintain a high standard of care and protect themselves and their patients.
Additionally, as telehealth becomes more widely accepted and utilized by healthcare systems, governing bodies such as state medical boards or the Federal Trade Commission may impose stricter regulations. Providers should stay informed of any potential changes in regulations and adapt accordingly to continue practicing telehealth safely and effectively.
Overall, while the IMLC can make obtaining licensure easier for telehealth providers, it's important to also focus on complying with telehealth guidelines and regulations to provide quality care and maintain trust within the industry.
If you operate in any state against current guidelines or regulations, you may face legal consequences and put your practice and reputation at risk. Moreover, not adhering to telehealth guidelines can also lead to ethical concerns, as it may compromise the safety and well-being of patients.
Final Words on Telehealth State Laws
Some might view telehealth state laws as restricting and unnecessarily complicated. However, these laws are in place for a reason - to protect the safety and well-being of patients. If you think of it as a patient receiving medical care through telehealth, you would want to ensure that your provider is licensed and following guidelines to ensure the best possible care. So, it's important for us as healthcare providers to prioritize the safety and needs of our patients above all else.
At Bask Health - a software specialized in making telehealth simple, intuitive and compliant - we understand the complexity of telehealth laws and regulations. Our platform is designed to help providers stay compliant with state laws and guidelines while providing seamless telehealth services to their patients.
If you're considering incorporating telehealth into your practice, we can help guide you through the process and ensure that you follow all necessary regulations. Let's work together to make telehealth a safe and effective option for healthcare delivery.