Adviser Summer 2016 Vol 1 | Page 7

Telemedicine: ... (Continued from page 5) Technical Support In addition to a data breach, employers need to consider the problems posed by the technology itself. Telemedicine requires real-time communication between the originating and distant site, and any interruption of service between the end points could result in a host of problems. Equipment malfunction could result in miscommunication or misdiagnosis, and if a third party is responsible for the equipment or the transmission of data, servicing malfunctioning equipment could result in delays that compound costs or even jeopardize patient health. Patient privacy is of paramount concern for all One of the best ways to mitigate this risk is to establish processes health care providers, and telemedicine that reduce the threat of technical problems or equipment failure: makes that concern more important. • Develop policies and processes for reviewing current technology and for implementing new technology. • Establish a maintenance schedule; regularly service technology as needed and make sure that all software and hardware is functioning as it should be. • Make sure all staff is properly trained and understands how to use the equipment. • Devise sufficient controls, like passwords and PIN numbers, to restrict access to sensitive patient information. only Regulation and Licensure Regulation is another major issue facing telemedicine providers. Traditionally, state boards have been responsible for licensing doctors and health care practitioners. So what happens when a health care provider practices telemedicine across state lines? Generally speaking, the scope of practice – the specific kinds of medical actions that the practitioner is allowed to make – is usually determined by the location of the patient. This can pose problems for practitioners, since laws can vary widely from state to state. State regulations regarding licensure, online prescribing requirements and informed consent requirements are varied and often conflict with one another or with federal rules. With so many – often contradictory – regulations to abide by, risk managers recommend that health care providers consult with legal counsel. And, since these regulations are changing rapidly in response to advances in technology and increasing demand, it’s a good idea to continue working closely with counsel to address new or developing risks as they emerge. (See Telemedicine on page 7) leadingageny.org 6