Law and Ethics
Vital Signs: November 2011
In the November 2010 Law and Ethics column of Vital
Signs, we highlighted a number of legal issues surrounding the
practice of telemedicine.
Since then, one issue has been resolved: for the purpose of
meeting Conditions of Participation (CoP) for Medicaid and
Medicare, hospitals may, in some circumstances, rely upon the
privileging and credentialing process of the facility where the
physician is located (the "distant site").
If the distant site is a Medicare-certified hospital, there must
be a written agreement between the hospital and the distant site
stating that:
- The distant site is a Medicare-participating hospital
- The physician has privileges at the distant site
- The physician has a license recognized in the state in which
the receiving hospital is located
- The receiving hospital reviews the physician's performance and
reports adverse events and complaints to the distant site
If the distant site is not a Medicare-certified hospital, then
the hospital and distant site must have a written agreement stating
that the distant site provides services so as to meet certain
regulatory credentialing requirements and applicable CoPs for the
service being provided.
Even though the issue of hospital credentialing for telemedicine
has been resolved, the issue of licensure for such practice has
not. Thus, a Massachusetts physician contemplating practicing
telemedicine should be familiar with the regulations of the state
in which the patient is located and take care when seeking input
from an out-of-state physician, as BRM regulations prohibit a
physician from aiding an unlicensed individual to perform actions
for which a license is required.
- Liz Rover Bailey, Esq.
The "Law and Ethics" column is provided for education purposes
and should not be constituted as legal advice. Readers with
specific legal questions should consult with a private
attorney.
