Teledentistry Checklist
- A Must Have Starting Point -
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.

  • 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)?

  • 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.
Oberman Law Firm
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.

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