Bloomberg Law
June 15, 2020, 10:56 AM

Telehealth Consent Requirements Raise Litigation, Payment Issues

Elliott T. Dube
Elliott T. Dube

The pandemic is making it harder for doctors to get written consent from patients before conducting virtual visits—a requirement in many states that, if not fully followed, could put providers’ Medicaid payments in jeopardy.

Higher Degree of Difficulty: Many doctors who conduct online appointments have had to deal with informed consent rules that are on the books in 38 states and the District of Columbia. In more than 20 states, providers that don’t fully satisfy those requirements could experience Medicaid reimbursement problems.

Pluses & Minuses: Despite presenting an obstacle to payments, telehealth-specific consent describes the patient or insurer’s financial responsibility ...