Teledentistry Checklist
- A Must Have Starting Point -
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In the mist of COVID-19, teledentistry has come to the forefront. However, as with any new exploration, there are structural and compliance pitfalls, and unfortunately, some are very costly.
Below is a list of items that should be reviewed and evaluated before teledentistry is implemented in the culture of any dental practice.
Professionals
- Is a dentist licensed in the state where the patient is located?
- Are there practice standards for patient examinations and remote prescribing?
- Are dentists documenting and maintaining patient records of the encounters?
- Does your malpractice insurance policy cover teledentistry services?
- Is your insurance carrier licensed in every state where services are provided (patient located)?
Medicare/Medicaid
- Do services qualify as covered telehealth services?
- Are services being coded to properly reflect the place of service?
Malpractice Insurance, Medicare Advantage, and Medicaid Managed Care
- Does the state require malpractice coverage of services provided via telehealth?
- Does the provider’s contracts reflect coverage and include negotiated payment amounts?
Consent Forms
- Does your informed consent form account for services provided via telehealth?
Fraud & Abuse
- Does your Medicare/Medicaid arrangement comply with the federal Anti-Kickback Statute? (Check provider/vendor arrangements and patient incentive programs)
- Does the arrangement comply with the Stark Law? (Check all doctor benefits, including software and equipment tech, to ensure they meet a Stark exception)
- Does the arrangement comply with state patient brokering laws and the Anti-Kickback Statute? (Check provider/vendor arrangements and patient incentive programs)
- Does the arrangement comply with the corporate practice of medicine rules? (Check not just where the brick and mortar office is located, but where the patients are located)
Privacy & Security
- Are there privacy and security protocols in place [HIPAA]?
The potential of telehealth/teledentistry can be a very advantageous addition to any practice. However, the federal and state rules regarding telehealth/teledentistry are very complex and extremely complicated. As a result, obtaining professional guidance in this complex area is not an option, but a requirement.
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Stuart J. Oberman, Esq. handles a wide range of legal matters for the dental profession including, Telehealth, Teledentistry, Compliance, LLC & Professional Corporation Formation, Practice Sales & Acquisitions, Partnership Agreements, Real Estate and Lease Agreements, Wills, Trusts, & Estate Planning, Employment Law, Non-Compete Agreements, Risk Management, OSHA/ HIPAA Compliance, Dental Board Defense, and Medicaid Audits.
For questions or comments regarding this article, please call (770) 554-1400, or visit
www.obermanlaw.com
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CUMMING, GA
OFFICE
327 Dahlonega Street
Suite 303
Cumming, Georgia 30040
Phone:
770-886-2400
Fax:
770-888-9300
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LOGANVILLE, GA OFFICE
151 Lee Byrd Road
Loganville, Georgia 30040
Phone:
770-554-1400
Fax:
770-554-3534
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CHATTANOOGA, TN OFFICE
Tallan Financial Center
200 W. Martin Luther King Blvd.
Suite 1000
Chattanooga, TN 37402
Phone:
423-315-2529
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