Telemental Health Services: Navigating Telemedicine Laws, State Licensure, Medicaid Coverage, Fraud, and Abuse

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, September 28, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide mental healthcare providers and their counsel on the rules and requirements regarding telemental health services. The panel will offer recommendations for overcoming the legal challenges and discuss what providers should do to comply with the requirements.
Faculty

Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, medical device companies, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). He also assits healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.
Description
Over 52 million people in the U.S. have a mental illness. Despite the requirements under the Mental Health Parity Act and the reality of poor access to mental health providers, more than 40 percent of people in the U.S. with a mental illness have no or few treatment options. Utilization of telemental health services may increase access to providers for people seeking mental healthcare.
Healthcare facilities, practitioners, and other providers of mental health services face numerous legal hurdles before providing telemental health services.
Mental healthcare providers seeking to offer services via telehealth technologies must understand each state's compliance and licensing requirements and its scope of practice and reimbursement rules. They also need to know how to create a professional relationship with a patient by electronic means, and the rules governing virtual prescribing. Also, mental health providers must be aware of the myriad reimbursement regulations, and anti-kickback and self-referral laws.
Listen as our authoritative panel examines the legal challenges to providing telemental health services, including licensure requirements, fraud and abuse laws, privacy and security, and more. The panel will also offer guidance on addressing specific practical challenges to these services, including retention of, access to, and disclosure of mental health records.
Outline
- Brief introduction
- Prevalence of mental illness in the U.S.
- Scarcity of mental health providers in the U.S.
- Why telemental health is increasingly at the forefront of healthcare discussions and how telemental health services can address scarcity issues
- Legal challenges to the provision of telemental health services
- Licensure requirements
- Fraud and abuse laws
- Privacy and security
- Corporate practice of medicine
- E-prescription restrictions
- Reimbursement hurdles
Benefits
The panel will review these and other key issues:
- What legal challenges do telemental health providers face to meet licensing requirements?
- What are the regulatory hurdles for telemental health services relating to anti-kickback and self-referral?
- How should mental health records be handled?
- How do Medicaid and Medicare reimburse for telemental health services?
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