Telehealth After COVID: Federal and State Considerations
- December 01, 2021
- Kyle Faget , Foley & Lardner LLP
ABSTRACT: This article explores how states and the federal government pivoted to make telehealth more accessible during the COVID-19 public health emergency, and how loss of the flexibilities afforded during the pandemic may impact the ability to deliver care via telehealth post-pandemic. Issues explored include state licensure requirements, waivers thereto, the interstate medical licensure compact and similar compacts available for other provider types, and exceptions to licensure that may enable providers to continue delivering care in certain situations post-pandemic across state lines. Additionally, this article explores relaxed telehealth practice requirements applicable to Medicare, how DEA registration requirements do not fit telehealth care delivery models, waiver of the in-person physical examination required in advance of prescribing controlled substances and how failure to continue this practice will stifle certain critical telemedicine offerings.
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