Telemedicine: Licensing and Other Legal Issues
Abstract
The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM.
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New technologies generate technical, commercial, political, policy, professional, managerial, financial, legal, regulatory, and jurisdictional questions around interoperability, funding, standardization, payment, intellectual property, safety, liability, and health information management.
“New technologies generate technical—and commercial and political—questions around interoperability standards, customer lock-in, customizability, substitutability, supplier relations, and the marketplace; policy questions about mainstreaming and funding new models of care; professional and managerial questions around standardization of algorithms and protocols; financial questions about who pays”
Cites
HIPAA regulations - a new era of medical-record privacy?
Annas, G. J. (2003) · New England Journal of Medicine · doi:10.1056/nejmlim035027 · Cited by 402 · cited 1× · see citing works
“Although understandable from a prestige perspective or a business point-of-view, this practice raises serious concerns about patients’ consent to such data transformation.(25) Involving consultants in medical care requires providers to be transparent about their identity and qualifications, and to provide patients wit…”
BackgroundTerry, N. P. (2010) · Indiana Law Review · doi:10.18060/4040 · Cited by 10 · cited 1× · see citing works
“Topics not discussed in this article are e-commerce (such as e-prescription(3) and direct-to-consumer transactions), reimbursement, data protection and security (which is not unique to TM), and social networks.(4)”
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Greenhalgh, T., Wherton, J., Papoutsi, C., Lynch, J., Hughes, G., A'Court, C., Hinder, S., Fahy, N., Procter, R., & Shaw, S. (2017) · Journal of Medical Internet Research · doi:10.2196/jmir.8775 · Cited by 2,887 · see citing works
“New technologies generate technical—and commercial and political—questions around interoperability standards, customer lock-in, customizability, substitutability, supplier relations, and the marketplace; policy questions about mainstreaming and funding new models of care; professional and managerial questions around s…”
- Authors
- Siegal, G.
- Affiliations
- Ono Academic College (IL)
- Corresponding author
- Siegal, Gil
- Venue
- Otolaryngologic Clinics of North America
- Publisher
- Elsevier BV
- Published
- 2011-12
- Volume
- 44
- Issue
- 6
- Pages
- 1375-1384
- ISSN
- 0030-6665 (ISSN-L)
- OpenAlex
- W2103381474
- Cited by
- 21
- References
- 2
- Citations by year
- 2023: 2 · 2021: 1 · 2020: 1 · 2019: 2 · 2018: 1 · 2017: 4 · 2016: 2 · 2015: 2 · 2014: 1 · 2013: 4 · 2012: 1
- FWCI
- 0.29
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Otolaryngologic Clinics of North America (publishedVersion)
- PubMed (publishedVersion)
- Topics
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Telemedicine and Telehealth Implementation
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Medical and Health Sciences Research
- Health Sciences › Health Professions › Pharmacy › Medical Malpractice and Liability Issues
- Keywords
- telemedicine, health care regulation, health law, health care access, health care legislation
- MeSH terms
- Confidentiality, Female, Humans, Insurance, Health, Reimbursement, Licensure, Male, Telecommunications, United States, Telemedicine, Safety Management
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Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
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