Avoiding Compliance Mistakes in Telehealth: What Providers Must Know

Telehealth has transformed healthcare, offering patients unprecedented convenience and providers new ways to deliver care. But with these advancements comes new legal risks. As telehealth becomes a cornerstone of modern practice, many providers adopted workflows and systems, discovering unanticpiated compliance risks in the process as they race to meet patient demand. These risks can lead to legal trouble, fines, or even loss of licensure. This article addresses some common mistakes and how to avoid them.

Mistake 1: Relying on Outdated Consent Forms

Using generic consent forms for telehealth might seem harmless, but it’s a risk many practices take unknowingly. Obtaining informed consent for telehealth care requires providers to offer a clear explanation of how telehealth services differ from in-person care. Patients also need to understand the limitations of telehealth care, such as the challenges of diagnosing certain conditions in a virtual setting.

Solution: When consent forms lack these details, they leave providers vulnerable to patient disputes and regulatory scrutiny. To address this, update your forms to reflect telehealth-specific considerations. Be sure that these forms out the scope of virtual care, limitations of assessments, and the patient's responsibilities during remote visits.

For more guidance on obtaining informed consent for telehealth services, read our provider guide here.

Mistake 2: Overlooking Identity Verification

Telehealth’s ease of access can create a false sense of security about patient verification. Practices sometimes skip the step of confirming a patient’s identity, especially in audio-only visits or initial consultations. This can lead to data breaches, miscommunication, and HIPAA violations.

Solution: Whether through secure patient portals, government-issued IDs, or other methods, identity confirmation—also known as “identity proofing”—should be a non-negotiable step for every encounter. Be sure to train staff members on the steps to verify a patient’s identity at the beginning of every telehealth appointment. Additionally, consider implementing tools into your telehealth platforms, like multi-factor or out-of-band authentication, to add additional layers of protection for sensitive patient data. Ensure that the steps of the patient verification process are reflected in your practice’s internal policies.

Mistake 3: Misunderstanding State Licensing Rules\

While federal and state governments have allowed for significant flexibilities to support telehealth services, providers still need to be sure to adhere to the licensing requirements of the states where they practice. Every state sets its own requirements, and noncompliance can result in license suspension or hefty fines.

Solution: Be sure to check the licensure requirements for each state where you treat patients. Consider creating a checklist of licensing obligations for each state where your practice operates to keep track of state-level differences in requirements. Providers should also consider participating in multi-state licensing compacts like the Interstate Medical Licensure Compact, which simplify compliance for providers practicing across state lines.

Mistake 4: Using Insecure Methods for Audio-Only Visits

Audio-only telehealth visits might seem simpler than video sessions, but they come with their own risks. Many providers fail to use secure communication platforms for these calls, exposing sensitive patient information to potential breaches.

Solution: HIPAA compliance applies to all forms of telehealth, including phone calls. Always use secure, encrypted platforms for patient interactions, and train your team to verify patient identity at the start of each call to minimize risks.

Mistake 5: Errors in Telehealth Billing

Billing for telehealth isn’t as straightforward as it might seem. Mistakes like using in-person billing codes for virtual visits have become more common as telehealth has continued to expand. These errors not only lead to denied claims but can also trigger audits, placing unnecessary strain on your practice.

Solution: Ensure your billing practices are up to date. Regularly review the latest CPT codes and modifiers for telehealth, and update your billing team on any relevant changes. Additionally, conducting regular internal audits of your practice’s billing procedures allows your billing team to identify and correct discrepancies before they escalate.

Mistake 6: Incomplete Documentation Practices

Good documentation is the foundation of compliance, yet documentation for telehealth visits often lacks key details. Failing to note elements like the patient’s location during the session, consent verification, or even the type of visit can leave gaps in your records.

Solution: Adopt a documentation template designed for telehealth to provide consistency and ensure the essential details of each appointment are captured. With proper documentation, your practice is better prepared in the event of an audit or dispute.

Mistake 7: Skipping Telehealth-Specific Training

Assuming that general compliance training covers telehealth needs is a costly mistake. Telehealth appointments and billing practices involve unique legal and operational requirements, and without focused training, staff may unknowingly make errors.

Solution: Invest in telehealth-specific education for your entire team. Cover areas like patient consent, privacy concerns, and platform security to ensure that everyone involved in your telehealth operations is equipped to follow best practices.

Mistake 8: Relying on Non-Compliant Platforms

Not all telehealth platforms are created equal. During the initial rush to adopt telehealth, many providers chose tools without verifying whether the tools were compliant with HIPAA or state privacy laws. Failing to verify that your telehealth platforms are secure can create vulnerabilities that are easy to exploit.

Solution: Choosing the right tools isn’t just about compliance; it also protects your patients’ trust. Take the time to audit your technology stack. Ensure your telehealth platforms meet HIPAA requirements and address any state-specific regulations.

Mistake 9: Dismissing Patient Privacy Concerns

Privacy complaints can have serious consequences if left unresolved. Dismissing these concerns not only undermines patients’ trust in your practice, but also increases the risk of regulatory investigations.

Solution: Implement a formal process for handling privacy complaints. Log each concern, investigate thoroughly, and respond promptly. Having these procedures in place minimizes risk to your practice and demonstrates your commitment to maintaining patient confidentiality.

Mistake 10: Failing to Prepare for Telehealth Audits

Telehealth records are just as likely to be audited as in-person care documentation, yet many providers overlook this reality. Without thorough records, practices are vulnerable to penalties if their compliance is questioned.

Solution: Approach telehealth sessions with the same rigorous compliance standards applied to in-person visits. Keep detailed records, organize documentation systematically, and periodically review your compliance policies to identify weak spots.

A Proactive Approach to Telehealth Compliance

Compliance isn’t just about avoiding penalties—it’s about building a sustainable and ethical practice. By addressing these common mistakes, you can protect your reputation, maintain patient trust, and ensure long-term success. Regularly updating your protocols, training your team, and keeping a close eye on regulations will help you navigate the complexities of telehealth with confidence. Our team at Health Law Alliance is here to answer your questions to ensure compliance in your telehealth practice.

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