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The End of the Public Health Emergency: What It Means for Telehealth

by Emily A. Johnson, JD • August 15, 2023

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As the PHE comes to an end, it’s a convenient time to consider telehealth best practices. Over time, enforcement agencies may be less sympathetic to claims of “trying to do one’s best” when it comes to telehealth services. To prepare, take time now to review your telehealth policies, procedures, and training, and ensure that you have adequate privacy and security available for telehealth services.

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Explore This Issue
August 2023

Now is also a good time to review the clinical outcomes and patient satisfaction scores for telehealth services. If there are any concerns, take action to modify practices so you can improve your metrics.

Finally, as the post-PHE telehealth landscape comes into focus, determine whether additional opportunities exist to expand your business via telehealth.

The PHE is a federal declaration, which means that state laws still must be considered when reviewing your telehealth program. As each state has its own unique telehealth regulatory framework, it will be important for clinicians to review the regulations in each state in which they provide services. To ensure that your practice is compliant with state regularions, be sure to review the requirements surrounding licensure, informed consent, standards of care, prescriptions, and reimbursement.

While no one in the healthcare industry would have chosen the COVID-19 pandemic as the route through which telehealth gained serious traction among consumers, clinicians and patients alike have found numerous advantages to the use of the technologies. As the world tilts steadily back toward more familiar times, clinicians have a chance to reflect on their experience with telehealth during the pandemic, to transition successfully out of the exceptions made, and to push forward toward a rewarding future with telehealth that is free of legal troubles.


Emily Johnson, JD, is a nationally recognized attorney, author, and speaker with McDonald Hopkins LLC. Email her at ejohnson@mcdonaldhopkins.com.

Reprinted with permission from the American College of Rheumatology.

Pages: 1 2 3 | Single Page

Filed Under: Departments, Home Slider, Legal Matters Tagged With: COVID19, telehealthIssue: August 2023

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  • Department of Health and Human Services’ Final Rule Expands HIPAA Obligations, Violation Penalties

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