Telehealth Consent Mandates Pose Litigation, Payment Worries

Old fashioned paper, faxes, and electronic forms are getting in the way of some virtual checkups with patients, threatening payments and legal backstops for health providers.

The District of Columbia and 38 states, including California and Maryland, require patients to give their written or verbal consent before doctors can conduct appointments online.

Telehealth-specific informed consent describes the benefits and risks of virtual visits, online security measures, and the patient or insurer’s financial responsibility. Physicians may have to secure an electronic or paper form from their patients before they can virtually communicate.

A written document could be hard for providers to ...