Life SciencesLiability

Telehealth FAQ

Does telehealth malpractice insurance cover asynchronous (store-and-forward) care?

Telemedicine professional liability is generally written to cover the clinical care a practice delivers, including asynchronous or store-and-forward models (intake questionnaires reviewed by a clinician, messaging-based care, and image or data review) as well as live video visits. What matters is that the actual care model is disclosed to underwriters, because the model affects how the standard of care is assessed and therefore how the risk is underwritten.

Asynchronous care carries its own risk profile: without a live interaction, the completeness of the intake information and the clinical protocols for when to escalate to a synchronous visit or decline treatment become central to defensibility. Underwriters look at those protocols, and a program that relies heavily on asynchronous prescribing - particularly of high-scrutiny medications - draws closer review.

The practical point is that "telehealth" covers several care models, and the malpractice program should be placed against the ones the company actually uses. Describing the mix of synchronous and asynchronous care, and the clinical protocols around it, up front keeps the coverage aligned with how care is delivered.

Primary source

HHS - Telehealth policy and best practices

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