Page 21 - Telemedicine - Essentials of Virtual Care Delivery Part Two

SVMIC Telemedicine: Essentials of Virtual Care Delivery

C A S E S T U DY

A physician worked for a telemedicine company for
approximately seven months providing 20-30 minute
consultations by phone. During that time, she wrote

almost 900 prescriptions to more than 600 individuals. A

large majority of the prescriptions that were written were
for Hydrocodone. The consultations did not include any
kind of physical examination. The physician was then

informed via letter that the State Medical Board was going

to determine whether or not to sanction her medical
license. She requested a hearing with the Board regarding
the matter. During the hearing, the physician admitted to

providing controlled substances to patients without

examining them. She believed that her affiliation with the
telemedicine company affirmed that there was nothing
wrong with her prescribing conduct.

The Board found that the physician violated the State Medical
Board’s physician rules by prescribing controlled substances

to a person that the physician had not personally examined

and diagnosed. As a result, the Board ordered that her medical
license be permanently revoked.

Self-Referral

The Stark law and the anti-kickback statute apply to
5
6
telemedicine just as they do to in-person care. Several Office
of the Inspector General (OIG) opinions deal explicitly with

5 42 U.S.C. § 1395nn - Limitation on certain physician referrals
6 42 U.S. Code § 1320a-7b - Criminal penalties for acts involving Federal health care programs

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