Telemedicine, which the American Telemedicine  Association defines as “the use of medical information  exchanged from one site to another via electronic  communications to improve a patient’s clinical health  status,” promises to transform the landscape of health  care. Due to the growing population of the elderly, the  increasing demand for health care services and the rapid  advances in telecommunications technology, a roaring  market demand for telemedicine has been created along  with the means of satisfying it.

Patient privacy is of paramount concern for all health care providers, and telemedicine only makes that concern more important.

Telemedicine promises to become even more  widespread in the coming years—erasing geographic  barriers to place general practitioners and world-class  specialists in the same virtual room. However, new  opportunities present new risks, and some are less  obvious than others.

Protecting Patient Privacy

Patient privacy is of paramount concern for all health care providers, and telemedicine only makes that concern more important. Telemedicine is contingent upon the quick and reliable transmission of electronic health records (EHR), which creates an inherent risk of a patient privacy breach. Patient privacy needs to be secured at every point of  access. Consider the following individuals who may have  access to your network:

• Doctors, nurses and other employees who use telecommunications equipment 
• Employees responsible for moving, storing and servicing telecommunications equipment 
• IT personnel—either in-house or contracted out—who perform service or maintenance on networks, systems and equipment 
• Guests and patients who are provided with Wi Fi access  

Administrators should work with in-house personnel to ensure every precaution has been taken to secure sensitive patient information. It’s also important to remember that these points of access exist at both the originating and distant site, and that both sites will have to work in conjunction to ensure that every effort has been made to protect patient privacy.

Technical Support

In addition to a data breach, employers need to consider  the problems posed by the technology itself.  Telemedicine requires real-time communication between  the originating and distant site, and any interruption of  service between the end points could result in a host of  problems. Equipment malfunction could result in  miscommunication or misdiagnosis, and if a third party is  responsible for the equipment or the transmission of  data, servicing malfunctioning equipment could result in delays that compound costs or even jeopardize patient  health.

One of the best ways to mitigate this risk is to establish  processes that reduce the threat of technical problems or  equipment failure:

• Develop policies and processes for reviewing current technology and for implementing new technology. 
• Establish a maintenance schedule; regularly service technology as needed and make sure that all software and hardware is functioning as it should be. 
• Make sure all staff is properly trained and understands how to use the equipment.  
• Devise sufficient controls, like passwords and PIN numbers, to restrict access to sensitive patient information.

Regulation and Licensure 

Regulation is another major issue facing telemedicine  providers. Traditionally, state boards have been  responsible for licensing doctors and health care  practitioners. So what happens when a health care  provider practices telemedicine across state lines?

Generally speaking, the scope of practice—the specific  kinds of medical actions that the practitioner is allowed  to make—is usually determined by the location of the  patient. This can pose problems for practitioners, since  laws can vary widely from state to state. State  regulations regarding licensure, online prescribing  requirements, and informed consent requirements are  varied and often conflict with one another or with  federal rules.

With so many—often contradictory—regulations to  abide by, risk managers recommend that health care  providers consult with legal counsel. And, since these  regulations are changing rapidly in response to advances in technology and increasing demand, it’s a good idea to  continue working closely with counsel to address new or in technology and increasing demand, it’s a good idea to  continue working closely with counsel to address new or  developing risks as they emerge. 

Liability—Are You Covered? 

Since it’s so new, telemedicine might be currently  excluded from most insurance policies. For example,  many medical malpractice policies only cover face-to face encounters within the state that a doctor is licensed  and practices.

Because of this, it’s essential for health care providers to make sure that their liability insurance covers the telemedicine services that they offer. You can work with Defy Insurance to make sure your policy offers the specific coverages you need in order to reduce your exposures and mitigate your risks.  

Moving Forward

Health care providers need to stay current on new technologies in order to best serve their patients, and telemedicine is one technology that will continue to grow in scope and ability. Navigating your exposures with evolving technologies like telemedicine requires diligence and expertise. Be sure to contact your trusted advisors at Defy Insurance to help you identify your exposures.

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