Legal Issues Surrounding Telehealth: What Health Lawyers Need to Know

As we navigate the landscape of modern healthcare, telehealth has emerged as a prominent feature, particularly in the wake of the COVID-19 pandemic. By utilizing digital tools and technologies to offer healthcare services remotely, telehealth has created new pathways for patient care and convenience. Yet, these advancements do not come without legal complications. For health lawyers, understanding the key legal issues surrounding telehealth is vital.

Licensing and Credentialing

Healthcare practitioners typically need to be licensed in the state where they provide their services. However, telehealth often involves providing care across state lines, which raises challenging questions about licensing.

The Interstate Medical Licensure Compact offers a potential solution, providing an agreement between states that enables physicians to practice medicine across state borders. Nevertheless, health lawyers need to be well versed in the terms and limitations of this compact when guiding their healthcare provider clients.

Reimbursement and Billing

Reimbursement and billing for telehealth services present additional legal complexities. Insurance companies’ policies regarding coverage for telehealth services can differ greatly, with distinct reimbursement rates or a complete lack of coverage. Telehealth billing codes are often different and can be perplexing for healthcare providers.

In particular, Medicare has established specific criteria for telehealth reimbursement. The provider must have a valid license and practice within the scope of their profession. The patient must be located in a rural area or a health professional shortage area. Understanding these intricate Medicare regulations is paramount for health lawyers advising healthcare providers on telehealth services.

Privacy and Security

The digital nature of telehealth services introduces privacy and security concerns. Electronic communication technologies, which are instrumental in telehealth, come with their inherent cybersecurity risks. These technologies may be vulnerable to security breaches or hacking incidents. Cybercriminals may attempt to gain unauthorized access to these systems with the intent of stealing, altering, or causing damage to the sensitive health data stored or transmitted through these technologies.

Healthcare providers and technology companies offering telehealth services must adhere to HIPAA regulations. This compliance involves implementing suitable security measures to safeguard personal health information and acquiring patient consent for data collection and usage.

Informed Consent

In the intricate landscape of medical operations, acquiring knowledgeable approval, or “informed consent” in legal parlance, from those we serve – the patients, emerges as an essential mandate. This principle extends its dominion even to the realm of telehealth services. The onus of revealing the intricate tapestry of possible dangers and rewards tied to the utilization of telehealth services rests upon the broad shoulders of healthcare providers. A patient’s consent, therefore, is a precious commodity, only to be procured post this comprehensive disclosure.
Healthcare providers are obligated to explain the limitations of telehealth services and acquire patient consent for these services’ delivery.


Liability issues represent another key concern for healthcare providers offering telehealth services. Providers could potentially face medical malpractice, negligence, or other legal claims associated with their telehealth services.

As such, it’s crucial for healthcare providers to possess professional liability insurance that encompasses telehealth services. Health lawyers can guide healthcare providers on the suitable insurance coverage to mitigate risk associated with telehealth services.


The advent of telehealth has revolutionized healthcare delivery, particularly in the backdrop of the COVID-19 pandemic. However, this innovation ushers in a host of legal complications that necessitate careful navigation. Health lawyers must be cognizant of these legal issues surrounding telehealth, ranging from licensing and credentialing to reimbursement, billing, privacy, security, informed consent, and liability.

By providing guidance to healthcare providers, health lawyers can ensure legal compliance and promote the effective, efficient use of telehealth services. For those working in telehealth, consulting with a knowledgeable health lawyer is a vital step in navigating this complex, rapidly evolving field.

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