The authoritative guide that ensures telehealth programs are in compliance with federal and state laws ... qualify for maximum reimbursement … and are structured to avoid legal liability ...
Compiled and edited by America's foremost authorities on telehealth and medical information technology law, Telemedicine Law & Practice is a comprehensive guide to safe, sure compliance with state and federal laws governing telemedicine.
This authoritative handbook covers virtually every legal issue that arises in the management and delivery of medical care via telecommunications technology, including:
- Critical interstate licensing issues
- Medical record-keeping
- Privacy and confidentiality
- Informed consent policies
- Fraud and abuse prevention
- Risk management techniques
- Reimbursement rules
- Universal service questions
- Emergency treatment requirements
- Intellectual property protection
- Tax ramifications
It's an essential legal companion for telemedicine care providers, medical records officers, physician practice managers, hospital medical directors and risk managers, telecommunication companies, hardware and software developers and vendors-and the one indispensable resource for health law attorneys.
PARTIAL TABLE OF CONTENTS
PART 1: COMMENTARY
Chapter 1: Provider Licensing
State and Federal Regulatory Powers
Federal Regulation
Jurisdiction
Telemedicine as the Practice of Medicine
State Licensure Acts
Licensure Models
Other Models
Organizational Responses
Credentialing
Internet
Practice Pointers
Chapter 2: Informed Consent
Background
--Modern Doctrine of Informed Consent
--Limitations on the Physician's Duty to Disclose
Informed Consent in a Telemedicine Context
--Telemedical Consultation Between Physicians
--Extent of Required Disclosure
--Documentation of Consent
Statutory Treatment
Practice Pointers
Chapter 3: The Medical Record
The Telemedical Record
Overview of Federal and State Law Relating to
Medical Records
--What Should the Medical Record Include?
--General Requirements for Hospital Medical Records
--Ownership of Medical Records
--Retention of Records
--Access to Patient Information
The Mammography Quality Standards Act
OSHA Access to Employee Exposure and Medical Records Standard
Practice Pointers
Chapter 4: Confidentiality of Electronic Medical Records
The Use of Electronic Medical Records
What Currently Governs Confidentiality
Confidential AIDS and HIV-Related Information
Confidentiality of Alcohol and Drug Abuse Records
Problems Caused by Nonunion Privacy Rules
Adequate Security Measures
Practice Pointers
Chapter 5: Electronic Signatures in the Health Care Marketplace
Uniform Electronic Transactions Act
Electronic Signatures in Global and National Commerce Act
HIPAA Electronic Signature Standard
Other Electronic Transaction Legislation
Practice Pointers
Chapter 6: Reimbursement
Chapter 7: Emergency Medical Treatment and Active Labor Act
Chapter 8: The Role of the Food and Drug Administration
Chapter 9: Universal Service Support for Telemedicine
Chapter 10: Professional Liability Insurance
Chapter 11: Fraud and Abuse
Chapter 12: Telemedicine Risk Management
Chapter 13: Intellectual Property and Telemedicine
Chapter 14: Tax Aspects of Telemedicine
PART 2: FEDERAL STATUTES & REGULATIONS
Telemedicine and Distance Learning Services
Telemedicine Grant Program
NASA Telemedicine Satellite Consultation
Medicare Reimbursement for Telehealth Services
Federal Rural Utilities Service
Distance Learning and Telemedicine Loan Grant Program
Rural Health Outreach/Telemedicine Grant
Payment for Teleconsultations in Rural Health Professional Shortage Areas
OIG Advisory Opinions
HCFA Internet Security Policy
PART 3: STATE STATUTES & REGULATIONS
Organized alphabetically by state