Received Feb 4; Accepted Aug This article has been cited by other articles in PMC. Abstract Background Governments often create policies that rely on implementation by arms length organizations and require practice changes on the part of different segments of the health care system without understanding the differences in and complexities of these agencies.
Effective June 11,the bill passed the House and Senate unanimously, reflecting strong bi-partisan support. The new statute may potentially require the Board of Medicine to rewrite some of its current telemedicine rules to the extent the prior rules conflict with the controlling provisions of the statute.
Interested telemedicine companies and healthcare providers looking to offer telemedicine services in West Virginia should review the new statute and adjust your policies and processes accordingly. The law separates the definition of telemedicine into three parts: Telemedicine is defined as the practice of medicine using tools such as electronic communication, information technology, store and forward telecommunication, or other means of interaction between a physician in one location and a patient in another location, with or without an intervening healthcare provider.
The practice of medicine occurs where the patient is located at the time the telemedicine technologies are used, and the physician must be appropriately licensed in West Virginia.
Physicians utilizing telemedicine must establish a proper physician-patient relationship by, among other things, conducting an appropriate examination. Depending on the technology used, an in-person exam is not required. A physician-patient relationship may not be established through: Audio-only communication; Text-based communications such as e-mail, internet questionnaires, text-based messaging or other written forms of communication; or Any combination thereof.
If an existing physician-patient relationship does not exist prior to the utilization to telemedicine technologies, or if services are rendered solely through telemedicine technologies, a physician-patient relationship may only be established: Through the use of telemedicine technologies which incorporate interactive audio using store and forward technology, real-time videoconferencing or similar secure video services during the initial physician-patient encounter; or For the practice of pathology and radiology, a physician-patient relationship may be established through store and forward telemedicine or other similar technologies.
Once a physician-patient relationship has been established, either through an in-person encounter or in accordance with the requirements above, the physician may use any telemedicine technology that meets the standard of care and is appropriate for the particular patient presentation.
Audio-Only or Text-Based Communications. The law does not prohibit the use of audio-only or text-based communications by a physician who is: Responding to call for patients with whom a physician-patient relationship has been established through an in-person encounter by the physician; Providing cross coverage for a physician who has established a physician-patient relationship with the patient through an in-person encounter; or Providing medical assistance in the event of an emergency situation.
A physician using telemedicine technologies to practice medicine must observe the following rules: These eight requirements do not apply to the practice of pathology or radiology medicine through store and forward telemedicine. A physician who delivers healthcare services through telemedicine is held to the same standards of appropriate practice as those in traditional in-person settings.
Treatment, including issuing a prescription, based solely on an online questionnaire, does not constitute an acceptable standard of care.
Remote prescribing without a prior in-person exam is permitted, including prescriptions for controlled substances, subject to certain limitations. A physician who practices medicine to a patient solely through the utilization of telemedicine technologies may not prescribe to that patient any Schedule II controlled substances.
A physician may not prescribe any pain-relieving controlled substance listed in Schedules II through V as part of a course of treatment for chronic non-malignant pain solely based upon a telemedicine encounter. A patient record must be created for every telemedicine visit.
The maintenance and confidentiality of the records must be consistent with state and federal law. West Virginia was the fifth state to enact the Interstate Medical Licensure Compact after the Governor signed the legislation into law last year.
The Compact, which offers a streamlined licensing process for physicians interested in practicing medicine in multiple states, is expected to expand access to health care, especially to those in rural and underserved areas of the country, and facilitate new modes of health care delivery such as telemedicine.This is a summary of key elements of the Security Rule including who is covered, what information is protected, and what safeguards must be in place to ensure appropriate protection of electronic protected health information.
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Health Informatics laws and regulations are changing for health care providers and patients in federal and state laws in education in affordable care act.
Important Laws and Regulations in Health Informatics of the medical care provided.
In addition, MACRA also will combine existing quality reporting programs into one new system. 21st. Health disparities refer to the gaps in quality of health status and health care that exist.
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When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.