Lexology September 28, 2021
In Short
The Situation: Even before the COVID-19 pandemic, federal enforcement in the telemedicine area was on the rise and focused largely on “telefraud,” which purportedly leverages telehealth platforms improperly to sell expensive items like durable medical equipment (“DME”) and genetic testing. As a result of pandemic-related policies, telemedicine services have expanded dramatically, as have the federal dollars associated with these services and related prescriptions.
The Result: Federal enforcement agencies have taken note of the expansion in telemedicine services and, particularly in recent months, have noticeably increased their enforcement, both in the criminal arena and with civil False Claims Act settlements. Newer enforcement efforts focus not only on prescriptions arising from telemedicine consultations but also on the consultations themselves. On...
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