The COVID-19 pandemic transformed the way we interact. Schools went online, families relied on Facetime for communication, and business pushed the limits of what can be done virtually. Maybe more than any other industry, our healthcare system changed forever.
The pandemic launched the rise of telehealth services. From dermatology appointments to lactation consultations, we watched many of our healthcare appointments go virtual.
If you are in the health and wellness industry, you may be wondering whether you should offer telehealth services. On one hand, telehealth can be great for flexibility and reaching new clientele. You can reach clients further from your geographic location and clients that may be immunocompromised. And you can work from the comfort of your home.
However, there can be legal considerations, complications, and downsides. Here’s what you need to know about offering wellness telehealth services:
Prioritize privacy
Telehealth platforms facilitate remote healthcare services, allowing patients to connect with healthcare professionals from the comfort of their homes. However, this convenience also raises concerns about the security and privacy of sensitive medical information transmitted during these virtual consultations.
In many cases, you might be responsible for maintaining client confidentiality. Health records often contain highly personal details about an individual's health status, treatment history, and other sensitive information. Unauthorized access to this data could result in breaches of privacy, leading to potential harm, embarrassment, or discrimination for the client.
Laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States mandate strict guidelines for safeguarding patients' protected health information (PHI). Failure to uphold these regulations can result in severe penalties, including fines and legal repercussions for healthcare providers and organizations.
Clients must feel assured that their personal data is being handled responsibly and securely by healthcare providers and telehealth platforms. By implementing robust security measures, such as encryption, access controls, and secure communication channels, healthcare providers can mitigate the risk of data breaches and reassure clients of their commitment to protecting their privacy.
The Center for Health & Wellness Law is here to help you comply. Contact us today for a consultation.
Review your insurance and liability coverage
One of the primary considerations for health and wellness providers regarding liability insurance is coverage for telehealth-specific risks. Traditional liability insurance policies may not explicitly cover telehealth services or may have limitations regarding remote care. Providers should review their existing policies or consult with their insurance providers to determine if telehealth-related liabilities, such as data breaches, technology failures, or telecommunication errors, are adequately covered.
Additionally, health and wellness providers must consider the regulatory and legal landscape surrounding telehealth when reassessing their liability insurance. Telehealth regulations vary by jurisdiction and are subject to change, particularly in response to emerging technologies and healthcare practices. Providers need to ensure that their liability insurance coverage aligns with the legal requirements and standards governing telehealth services in their area.
Get informed consent
Providers should ensure that clients are informed about the nature and limitations of telehealth services. This includes explaining the types of services offered through telehealth, the communication platforms or technologies to be used, and any potential risks or limitations associated with remote consultations. Clients should have a clear understanding of what to expect from the telehealth appointment, including the scope of services, confidentiality measures, and the roles and responsibilities of both the provider and the client.
In some states, providers may need to obtain explicit consent from clients to engage in telehealth services. This consent should be obtained in writing or through a documented electronic process, acknowledging the client's understanding and agreement to participate in telehealth appointments. The consent form should outline key information, such as the purpose of the telehealth appointment, confidentiality protocols, potential risks and benefits, financial responsibilities, and the client's rights and responsibilities.
Moreover, providers should address specific considerations related to telehealth, such as the security and privacy of electronic communications and the storage of electronic health records. Clients should be informed about the measures taken to protect their personal information and given the opportunity to ask questions or express any concerns they may have regarding privacy and security.
Frequently Asked Questions:
What exactly is telehealth?
Telehealth refers to the use of digital communication technologies, such as video conferencing, phone calls, or secure messaging platforms, to deliver healthcare services remotely. It allows patients to consult with healthcare providers, including professionals in the health and wellness industry, without the need for in-person visits.
What types of services can be provided through telehealth in the health and wellness industry?
Telehealth services in the health and wellness industry can encompass a wide range of offerings, including virtual counseling sessions, nutritional consultations, fitness coaching, mindfulness and meditation sessions, and wellness workshops.
Is telehealth as effective as in-person consultations for health and wellness services?
While in-person consultations have traditionally been the norm, telehealth can be effective for many health and wellness services.
How do I know if telehealth is right for me?
Telehealth can be beneficial for providers who prefer the convenience of remote consultations, have limited mobility or transportation options, live in rural or underserved areas, or have busy schedules that make an office setting challenging.
The bottom line
If you’re already providing health and wellness consultations, you may think offering telehealth appointments is a given. But it’s not as simple as just moving your meetings to Zoom.
The Center for Health and Wellness Law can help you make the transition to telehealth. Or, if you’re already offering online consultations but worried you may not be in compliance with state law, get in touch with us. Our attorneys are ready to help.