Compliance in telemedicine can be difficult, as both state and federal law applies to health information, Linn Freedman, JD, a partner at Nixon Peabody in Providence, R.I., and leader of the firm’s privacy and data protection group, said in the report. The problem might be a conflict between state and federal laws.
Other times, laws vary from state to state, or some state’s laws are more restrictive than others. All of these challenges pose licensing, privacy and liability issues for providers practicing in more than one state, according to the report.
When it comes to HIPAA’s privacy and security issues as they apply to telemedicine, Ms. Freedman also said state laws often are more restrictive than federal laws, and the more stringent law will apply, according to the report.
As for potential liability, Nixon Peabody advises providers to ensure their malpractice insurance covers telemedicine. The firm also advises physicians and healthcare providers to make sure they have cyber-security insurance, as this might not be included in malpractice coverage.
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