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Telehealth services: What healthcare providers need to know

November 18, 2019

Technology is fueling the benefits and growth of telehealth services, but healthcare organizations must recognize the challenges and risks, too.

Senior Healthcare Risk Engineering Consultant Healthcare Professional Liability

Mary Steffany is a Senior Healthcare Risk Engineering Consultant for Zurich North America, where she... About this expert

telehealth

As technology transforms the healthcare landscape, providers are implementing new opportunities to expand, improve and enhance patient care. Telehealth services represent one of the more exciting innovations for the industry, but can also be a potential source of risk. It’s just one of the emerging risks addressed in the 2019 Benchmark Study of Healthcare Professional Liability Claims from Zurich North America.

With the use of digital technology, telehealth programs can offer a broad range of remote healthcare services and activities, not necessarily clinical in nature, to benefit patients and healthcare professionals alike. (“Telemedicine” typically refers to remote clinical services, while “telehealth” can also include a broader array of remote nonclinical services.) The New England Journal of Medicine Catalyst outlined leading telehealth examples, among them:

  • Videoconferencing gives patients in rural locations, as well as those with limited ability to travel, newfound access to health specialists. Healthcare providers benefit, too: Primary care physicians can consult in real time with specialists and peers across the country, and care teams can collaborate on treatment plans for their patients.
  • Mobile health apps on smartphones and tablets can help patients become more engaged in controlling their well-being. Educational videos and apps can help people manage chronic conditions, participate in wellness activities and build emotional resilience with online support groups.
  • Remote patient monitoring collects and transmits medical and other types of health data from patients to healthcare providers. Electronic monitoring devices such as wearables can be used to track blood pressure, respiratory rates and other vital sign data.

Telehealth programs have witnessed significant growth across the U.S. Approximately 76% of U.S. hospitals reported having some form of computerized telehealth systems in 2017, more than double the 35% reported in 2010, reports the American Hospital Association.

Telehealth services: Recognizing the challenges

Telehealth is not without challenges, however. A 2018 report from the American Society for Health Care Risk Management (ASHRM) highlighted three operational risks for healthcare organizations seeking to implement these programs:

  • Credentialing: Licensing and credentialing of healthcare professionals can be complicated when a patient is in one state and the provider is in another. Hospitals must be diligent in aligning their credentialing process with the July 2011 final rule issued by the Centers for Medicare and Medicaid Services, which stipulates that the originating site (where the patient is) will rely on the credentialing and privileging decisions of the distant-site hospital (where the specialist is located) for telehealth practitioners. In other words, the site receiving the service does not have to duplicate the credentialing process.
  • Standard of care: Some states have defined a specific standard of care for telemedicine that addresses the physician-patient relationship, electronic prescribing and in-person follow-up. Whether or not standards have been established, risk managers need to inform their organization of professional association positions. The American Telemedicine Association has issued discipline-specific guidelines, as has the American Medical Association, American Psychiatric Association and American College of Physicians. In addition, the Federation of State Medical Boards has published a model policy of voluntary guidelines. Consideration also needs to be given as to whether and how advance practice professionals will be involved in telemedicine.
  • Documentation: A patient-provider encounter, even a remote one, requires documentation in the patient’s health record. Access to this documentation by the patient and providers should align with existing rules and regulations, as well as institutional policies for privacy and security of this information. Documentation should include informed consent, prescribed medications, diagnostic test results, clinical evaluations and instructions.

The ASHRM report also emphasizes clinical/patient safety, recommending initiatives that “prevent or reduce errors, such as communication of test results, patient instructions, patient education and follow-up care.”

At-home monitoring devices, which put technology in the hands of the patient, also may pose liability risks that include device failure/inoperability and cyber security issues, according to a recent article in Risk & Insurance.

Ready, set, launch

A successful telemedicine program starts with a well-designed plan for implementation. A multidisciplinary team, including medical staff, information technology, finance and human resources, must evaluate the community’s needs and identify the program’s goals and services, as well as the geographic areas where service will be provided.

Additional issues to address include finalizing contracts with distant sites and vendors; providing staff education and training; defining measures to evaluate program goals; and assessing effectiveness and security of telehealth equipment. Identifying and enlisting clinical and administrative champions can help assure that a telehealth program is widely accepted and utilized.

It’s also critical to understand reimbursement policies for telehealth services. Telehealth providers should investigate the varying Medicare and Medicaid rules, which may differ by state, regarding payment for telehealth services, as well as each state’s telehealth parity laws. The Center for Connected Health Policy provides extensive information on telehealth laws and reimbursement policies by state.

The extent to which telehealth programs are embraced remains to be seen, but as technology evolves, so will the opportunities and risks associated with these services. Their myriad benefits point in a favorable direction for forward-looking organizations ready to keep pace with this new chapter in healthcare.

The information in this publication was compiled from sources believed to be reliable for informational purposes only. All sample policies and procedures herein should serve as a guideline, which you can use to create your own policies and procedures. We trust that you will customize these samples to reflect your own operations and believe that these samples may serve as a helpful platform for this endeavor. Any and all information contained herein is not intended to constitute advice (particularly not legal advice). Accordingly, persons requiring advice should consult independent advisors when developing programs and policies. We do not guarantee the accuracy of this information or any results and further assume no liability in connection with this publication and sample policies and procedures, including any information, methods or safety suggestions contained herein. We undertake no obligation to publicly update or revise any of this information, whether to reflect new information, future developments, events or circumstances or otherwise. Moreover, Zurich reminds you that this cannot be assumed to contain every acceptable safety and compliance procedure or that additional procedures might not be appropriate under the circumstances. The subject matter of this publication is not tied to any specific insurance product nor will adopting these policies and procedures ensure coverage under any insurance policy. Cyber coverage is available according to the specific terms and conditions of the policy issued and, of course, each claim must be evaluated according to its specific circumstances of loss.

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