Telehealth challenges for compliance teams

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Telehealth presents no shortage of challenges for compliance professionals. These include familiar issues in a new setting and completely new concerns. Potential vulnerabilities include not only variants of fraud, kickback breaches, and incorrect billing concerns that have haunted compliance teams for decades but also limitations on prescribing controlled substances and state licensure issues. Compliance teams should be aware that some acceptable practices for 2020 through 2022 are now vulnerable. The rapid expansion of telehealth during the COVID-19 pandemic—born out of necessity—was accompanied by waivers of regulatory requirements and enforcement discretion in several key areas. Most of these special considerations are gone, but some practitioners who got too comfortable with the eased restrictions may have never adapted to a new environment of increased regulatory scrutiny.

Telehealth is a rapidly evolving area that is the focus of attention for state and federal regulators. The U.S. Department of Health and Human Services (HHS) has created a hub for telehealth updates, including legal considerations and best practices.[1]

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