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Are You Exposed? Protect Yourself

from Pitfalls Before Providing

Telehealth Services

BY VANESSA ORR

Before the pandemic, telehealth was
gaining ground among users who liked
the idea of using technology to meet
medical needs. But now it’s become even
more important as people are foregoing
physician and hospital visits while shel-
tering at home.
“While telehealth has been around for
many years, its use has increased multi-
ple folds—roughly 8,000 percent since
the pandemic started,” said Medical
Malpractice and Workers Compensation
Specialist Tom Murphy at Danna-Gracey, Tom Murphy
the largest independent medical mal- are estimated to have increased 350 per-
practice insurance agency in Florida. cent since the pandemic began.
“Telehealth was already used by hospi- On the physician side, doctors are con-
tals because it simplifies access to care, cerned with the uncertainty of reimburse-
especially in areas with shortages of ment. “Right now, the federal government
physicians,” he continued, noting that has lessened the guidelines for state
the terms telehealth and telemedicine licensing so that patients can get easier
are often used interchangeably though access to care,” he explained, noting that
they are not the same thing. While mid-level practitioners such as nurse prac-
telemedicine is generally considered the titioners and physician assistants can now
act of a healthcare provider connecting provide this form of care without the over-
with a patient directly through a phone sight of a physician in many states.
or computer, telehealth is the umbrella “While this is a temporary relaxation of
term that includes using the Internet to guidelines, the medical community and
answer health questions or to order pre- the government need to figure this out for
scriptions, or to access any form of the long-term,” he continued. “How will
healthcare remotely by means of physicians ultimately be reimbursed for
telecommunications technology. telehealth?”
While this foray into telehealth has a
lot of benefits, it also has drawbacks, espe- Protect Yourself
cially for care providers. With the risks of telehealth so high, it’s
Among its advantages are the fact that important that healthcare practitioners
it provides more access to care, and protect themselves.
enables providers to reach a much “As cyber security professionals like to
broader range of patients. It also enables say, ‘If you’re 99 percent protected, you are
those who are uncomfortable with visit- 100 percent exposed,’” said Murphy, who
ing medical facilities or physicians dur- suggests joining the American
ing the pandemic with a way to see Telemedicine Association to take advan-
providers via phone or video. tage of its vast resources for physicians
“Even prior to the pandemic, tele- and other medical providers.
health provided a safety net for people “Check with your malpractice insurer
with chronic medical conditions who to make sure that you have coverage,” he
needed to talk to care providers about continued, adding that some carriers are
issues with blood pressure, blood sugar, regional and cannot offer coverage in cer-
diabetes, heart problems, pulmonary tain states. “Certain carriers are more
issues and more,” said Murphy. “It also stringent than others, and you may need
helps reduce risks with other medical to be licensed in the state where you’re
conditions; if a person has an injury or offering telemedicine services; for exam-
cut, the physician can see it on video and ple, if you’re in Florida talking to a patient
prescribe medication as needed to pre- in California, you need to be licensed in
vent further injury.” that state.”
There are limitations with telehealth, Some insurance companies provide
however, including the potential for mis- their own telehealth recommendations or
diagnosis. “If somebody complains of guidelines, and the federal government
breathing or heart issues, or side or also offers a COVID-19 telehealth pro-
abdominal pain, it’s very tricky to create gram that not only provides information,
a diagnosis over the phone, which can but may include monetary assistance to
potentially lead to malpractice suits,” upgrade telecommunications.
said Murphy. “No matter what platform you’re using,
Telehealth may also decrease access to you have to make sure that it is secure and
care for patients who usually visit the ER HIPAA-compliant,” Murphy said. He also
because they do not have a family doc- advises training staff and employees on
tor. “Underprivileged people may have how to deal with patients remotely and
less access to telemedicine because they how to protect patient information.
don’t have actual physicians,” Murphy “Even as people rush into telehealth, it
explained. is incumbent on those who advise physi-
The risk of cyber-liability has also cians, and the medical providers them-
increased with patients and medical selves, to slow down and think about all of
providers talking over unsecure lines. these issues before jumping in,” he said.
“This raises privacy issues, and HIPAA
violations are of major concern when For more information, contact Tom
doing things remotely,” said Murphy. He Murphy or Matt Gracey at (800) 966-2120
added that ransomware issues have or visit www.dannagracey.com.
increased, as have phishing scams, which

4 September 2020 southfloridahospitalnews.com South Florida Hospital News