Hennessy Comments on Laws Governing Telemedicine

Senior Counsel Jennifer Hennessy was quoted in a Legaltech News article, “Call an (Online) Regulatory Expert: Telemedicine Faces Complicated Data Compliance,” about data and cybersecurity laws that would apply to telemedicine providers.

If the provider is billing third-party insurance companies or Medicaid or Medicare, they would be directly regulated as a covered entity under HIPAA, Hennessy said. A telemedicine provider could also fall under HIPAA’s scope if “the actual technology platforms that often support theses [services] in telemedicine could be regulated as a business associate.” she said.

Even if HIPAA does not apply, Section 5 of the Federal Trade Commission Act could apply if the agency finds the provider’s terms of use or privacy notices weren’t followed through, she added.