Regulation .04 Specific Telehealth Requirements.
Regulation .04 Specific Telehealth Requirements.LinkCopy Citation
A.
Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:
(1)
Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:
(a)
Government issued photograph identification;
(b)
Insurance, Medicaid, or Medicare card; or
(c)
Documentation of the patient’s:
(i)
Date of birth; and
(ii)
Home address;
(2)
For an initial patient encounter, disclose the telehealth practitioner’s name, contact information, license type, and medical specialty, if any;
(3)
Except for interpretive services, obtain oral or written consent from a patient or the patient’s parent or guardian if State law requires the consent of a parent or guardian including informing patients of the risks, benefits, and side effects of prescribed treatments;
(4)
Securely collect and transmit a patient’s medical information, clinical data, clinical images, laboratory results, and self–reported medical history, as necessary and prevent access to data by unauthorized persons through encryption or other means;
(5)
Notify patients in the event of a data breach;
(6)
Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and
(7)
Establish safety protocols to be used in the case of an emergency.
B.
Except when providing asynchronous telehealth services, a telehealth practitioner shall:
(1)
Obtain or confirm an alternative method of contacting the patient in case of a technological failure;
(2)
Confirm whether the patient is in Maryland and identify the practice setting in which the patient is located; and
(3)
Identify all individuals present at each location and confirm they are allowed to hear personal health information.
C.
The requirements set forth under §§A and B of this regulation may be delegated.