Telehealth has experienced explosive growth in recent years, largely driven by the COVID-19 pandemic, that is transforming how healthcare is delivered and accessed. In fact, A study of 36 million insured individuals found that telemedicine visits surged during the first three months of the pandemic—a 766% increase.1 The increase persisted even after the pandemic was declared over—the use of telehealth visits rose from 14% in 2016 to 80% in 2022.2 In 2023, McKinsey estimated that more than 50 million in-person visits each year could be potentially converted to virtual or telemedicine visits.3
Offering a flexible and efficient way for patients to receive care, telehealth has become a critical component of the modern healthcare landscape. But with its rapid expansion come complex regulatory challenges—challenges further complicated by a recent Supreme Court decision.
Learn how this ruling could reshape telehealth regulations and the future of virtual healthcare delivery.
An Overview of Telehealth Regulations
Telehealth is governed by a patchwork of state and federal regulations that dictate how care can be delivered across digital platforms. These rules encompass licensure requirements, which often limit the ability of providers to practice across state lines, and reimbursement policies, which determine how telehealth services are compensated. While progress has been made to streamline these regulations, significant challenges remain, including cross-state practice barriers, privacy concerns, and equitable access to care for all populations.
The Loper Bright Ruling: A New Legal Precedent
A recent Supreme Court ruling, Loper Bright Enterprises v. Raimondo, has sparked significant discussion about its implications for telehealth, as well as the interpretation and enforcement of ERISA. This ruling has overturned the Chevron deference, a doctrine that traditionally allowed federal agencies substantial latitude in interpreting ambiguous laws. By overturning the deference, the Supreme Court has effectively increased judicial scrutiny of regulatory actions, including those impacting telehealth. This decision could profoundly affect how telehealth is regulated, potentially leading to a more challenging environment for providers navigating federal and state rules.
Supreme Court Decision Impact on Telehealth
The recent Supreme Court ruling and others that follow have the potential to significantly impact telehealth practices, particularly in areas such as interstate commerce, data privacy, and care accessibility. These decisions will likely create a ripple effect across the industry, influencing licensure regulations, data security protocols, and patient rights, among other aspects of our nation’s healthcare system.
- Interstate Commerce: The Loper Bright ruling, by affecting the interpretation of federal and state regulations, could impact interstate medical licensing, either bolstering or restricting providers’ ability to operate legally across state lines and scale telehealth services.
- Data Privacy: Supreme Court cases involving healthcare data privacy set new standards for protecting patient information. With heightened judicial scrutiny from the Loper Bright ruling, telehealth providers may face stricter data security measures.
- Healthcare Accessibility: Cases that challenge or support expanding access to healthcare services have a direct bearing on telehealth. Their outcomes may either promote broader access to virtual care or impose new barriers that could limit telehealth’s reach.
- Healthcare Providers: Providers must remain agile and proactive. They may need to alter service models, update compliance practices, or invest in new technologies that support high-quality, secure, and compliant telehealth operations.
- Patients: Changes in telehealth regulations could affect patients’ access to care, privacy protections, and overall experience. While some rulings may enhance patient rights and access, others could inadvertently create new hurdles in receiving virtual care.
Best Practices for Healthcare Providers
To navigate the shifting regulatory landscape of telehealth, healthcare providers should consider the following best practices:
- Stay Informed: Providers must stay updated on legal developments and understand their potential effects on telehealth services. Engaging with legal experts or subscribing to healthcare compliance resources can be valuable.
- Invest in Compliance: Maintaining compliance amidst changing regulations requires a proactive approach. Providers should pursue compliance training for their teams, work with legal advisors, and implement robust compliance protocols tailored to their telehealth operations, considering the implications of recent judicial decisions.
- Manage Risk: Effective risk management is essential in the telehealth space. Regular audits, stringent data security measures, and well-defined contingency plans can help mitigate risks and ensure a smooth adaptation to regulatory changes.
The Future of Telehealth
The trajectory of telehealth will likely be influenced by ongoing legal trends and Supreme Court rulings. While challenges are inevitable, these developments also present opportunities for innovation. Evolving telehealth regulations could drive advancements in telehealth technology, foster new partnerships, and inspire novel care models that improve patient outcomes.
The recent Supreme Court decision underscores the critical role of legal frameworks in shaping the future of telehealth. Healthcare providers and health plans must remain vigilant, adapt to regulatory changes, and prioritize patient-centered care. By staying proactive and informed, teams can navigate these challenges and seize new chances to enhance operations and healthcare delivery for the betterment of patients.
Having trouble keeping up? Clearlink is here to help. We offer clinical management and operational management services to help your team stay ahead of developments. Contact us today to learn how we can support your telehealth compliance and risk management efforts.
Sources:
1. The State of Telehealth Before and After the COVID-19 Pandemic, Julia Shaver, MD
3. Is Virtual Care Delivering on Its Promise of Improving Access, McKinsey & Company