In February the Assistant Secretary of Defense elected to allow Military Health System (MHS) providers to offer telemedicine services to patients in locations other than military health treatment facilities. With the intent to expand telemedicine, the Secretary authorized patients’ homes as acceptable sites for the receipt of telemedicine services, if deemed appropriate by the treating physician.
This expansion imposes two additional requirements on MHS providers. First, the provider must be privileged at the site from which the telemedicine is provided. Second, the provider must inform the applicable insurer, such as the TRICARE Network manager, of the care delivered via telemedicine.
The decision to permit a patient’s home as an acceptable site for the provision of telemedicine makes the Department of Defense (DOD) a trailblazer in the expansion of telemedicine, as the Centers for Medicare and Medicaid Services and many states’ Medicaid programs have yet to authorize such a practice. Physicians engaging in telemedicine should expect that telehealth encounters will be diligently scrutinized by licensing boards, regulators, and payors to ensure compliance with applicable state and federal laws, to protect the practice from abuse, and to certify that appropriate medical care is provided.
As telemedicine develops and becomes more widely accepted, it is likely that additional laws and regulations will be enacted to govern these specific interactions. Contact Frier Levitt for help navigating the current telemedicine landscape and preparing for future enhancements to this growing area of opportunity.
