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

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 28, 2022

Recorded event now available

or call 1-800-926-7926

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.

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.

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Outline

  1. Brief introduction
    1. Prevalence of mental illness in the U.S.
    2. Scarcity of mental health providers in the U.S.
    3. Why telemental health is increasingly at the forefront of healthcare discussions and how telemental health services can address scarcity issues
  2. Legal challenges to the provision of telemental health services
    1. Licensure requirements
    2. Fraud and abuse laws
    3. Privacy and security
    4. Corporate practice of medicine
    5. E-prescription restrictions
  3. 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?

Faculty

Hindmand, Rick
Rick L. Hindmand

Counsel
McDonald Hopkins

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and...  |  Read More

McMenamin, Joseph
Joseph P. McMenamin

Principal
McMenamin Law Offices

Mr. McMenamin concentrates his practice on advising clients on legal issues pertinent to telemedicine. Although most of...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video