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By: Todd Lacksonen & Brandon Smith

In Part 1 of this series, we discussed the general impact of the currently-ongoing pandemic on telemedicine. In Part 2 of this series, we addressed the changes already implemented by the Ohio Department of Medicaid and the State Medical Board of Ohio as well as the changes proposed by House Bill 679. In this final part, we will briefly address a significant lingering question on how telemedicine will impact the healthcare industry–physical location of patient and provider.

In a traditional face-to-face office visit, it is obvious that both the patient and the provider are in the same jurisdiction–presumably the one where the provider is licensed. In a telehealth visit, however, it is often impossible to verify that the patient is actually located in the jurisdiction where the provider is licensed. Ohio law requires a physician to be licensed in the jurisdiction where they are seeing patients. This requirement could be problematic when, for example, an Ohio snowbird in Florida attends a telehealth visit with their established Ohio-licensed physician located in Ohio.

In this scenario, the provider could write a prescription for their Ohio patient while the provider is physically located in Ohio, but the patient could fill the prescription in Florida. Did the provider violate the law by writing a prescription that was filled in a jurisdiction where they are not licensed? That often depends on the prescription and on the jurisdiction.

What obligation do providers have to verify the physical location of their patients as telemedicine becomes common place? What obligation do patients and pharmacies have?

These, and many other questions, remain unanswered. Technology and the necessities of the pandemic have forced providers and patients to move quickly and adapt to the new telemedicine reality. Regulation, as is often the case, currently lags far behind.

While this marks the end of this series, Graff & McGovern, LPA, will continue to watch the advancements in telemedicine and other regulatory necessities brought on by the COVID-19 pandemic. Watch our News page for the most recent updates. If you have questions regarding telemedicine or any of the other changes wrought by the COVID-19 pandemic, call one of our attorneys at (614) 228-5800 for a no-cost initial consultation.