Telemental Health Services: Navigating Telemedicine Laws, State Licensure, Medicaid Coverage, Fraud and Abuse

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, August 14, 2019

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide providers of mental healthcare and their counsel on the rules and requirements regarding telemental health services. The panel will offer recommendations for overcoming the legal challenges and discuss what providers should do to comply with the requirements.


Over 43 million people in the U.S. have a mental illness. Despite the requirements under the Mental Health Parity Act and the reality of poor access to mental health providers, more than 40 percent of people in the U.S. with a mental illness have no or few treatment options. Utilization of telemental health services may increase access to providers for people seeking mental healthcare.

Healthcare facilities, practitioners and other providers of mental health services face numerous legal hurdles before providing telemental health services.

Mental health providers seeking to offer services via telehealth technologies must understand each state’s compliance and licensing requirements, and its scope of practice and reimbursement rules. Also, mental health providers must be aware of the myriad of reimbursement regulations, anti-kickback and self-referral laws, and the corporate practice of medicine.

Listen as our authoritative panel examines the legal challenges to the provision of telemental health services, including licensure requirements, fraud and abuse laws, privacy and security, and more. The panel will also offer guidance on addressing specific practical challenges to the provision of these services, including retention of, access to, and disclosure of mental health records; continuity of care; and quality of care.



  1. Brief introduction
    1. Prevalence of mental illness in the U.S.
    2. Scarcity of mental health providers in the U.S.
    3. Why telemental health is increasingly at the forefront of healthcare discussions and how telemental health services can address scarcity issues
    4. Quality of care
  2. Legal challenges to the provision of telemental health services
    1. Licensure requirements
    2. Fraud and abuse laws
    3. Privacy and security
    4. Corporate practice of medicine
    5. E-prescription anticipated changes
  3. Practical hurdles
    1. Reimbursement
    2. Continuity of care


The panel will review these and other key issues:

  • What legal challenges do telemental health providers face to meet licensing requirements?
  • What are the regulatory hurdles for telemental health services relating to anti-kickback and self-referral?
  • How should mental health records be handled?
  • How do Medicaid and Medicare reimburse for telemental health services?


Carannante, Vincenzo
Vincenzo Carannante

Shipman & Goodwin

Mr. Carannante provides end-to-end transactional, regulatory and dispute-resolution counsel to local, regional and...  |  Read More

Heermann, Chanel
Dr. Chanel Heermann

SynerGenius Telepresence

Dr. Heermann is an integrative psychiatrist who helps people create a holistic recovery plan for their emotional...  |  Read More

McMenamin, Joseph
Joseph P. McMenamin

McMenamin Law Offices

Mr. McMenamin concentrates his practice on advising clients on legal issues pertinent to telemedicine. Although most of...  |  Read More

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