TeleMental Health Services: Overcoming Legal Hurdles

Navigating Telemedicine Laws, State Licensure Requirements, Medicaid Coverage, Fraud and Abuse Laws, and More

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

Conducted on Thursday, February 18, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance for counsel to healthcare facilities, practitioners and other providers of mental healthcare on the requirements and exceptions for telemental health services. The panel will offer best practices for overcoming the legal challenges and discuss what providers should do to comply with the requirements.


Approximately 25 percent of people in the U.S. suffer from mental illness. Despite the requirements under the Mental Health Parity Act, this fact, coupled with the reality of poor access to mental health providers, leaves more than 40 percent of people in the U.S. suffering from mental illness without treatment options. Utilization of telemental health services may help to alleviate these access issues to allow people seeking mental health care to get the care they need.

Health care facilities, practitioners, and other providers of mental health services face numerous legal hurdles before telemental health services can be provided.

Mental health providers seeking to offer services via telehealth technologies must understand what each state requires in order to be compliant with regard to licensing, scope of practice, and reimbursement rules. In addition, mental health providers also must be aware of the myriad of rules governing fee arrangements, anti-kickback and self-referral laws, and the corporate practice of medicine.

Listen as our authoritative panel examines the legal challenges to 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 certain practical challenges to provision of these services, including retention of, access to, and disclosure of mental health records; continuity of care; and quality of care.



  1. 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 health care discussions and how telemental health services can address scarcity issues
  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
  3. Practical challenges
    1. Maintenance of mental health records (e.g., retention, access, disclosure)
    2. Continuity of care
    3. Quality 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?
  • What are the practical challenges with mental health records?


Adam D. Romney
Adam D. Romney

Davis Wright Tremaine

Mr. Romney's practice focuses on healthcare law. He supports health care providers on multiple issues...  |  Read More

Amy F. Lerman
Amy F. Lerman

Senior Counsel
Epstein Becker & Green

Ms. Lerman focuses her practice on a variety of regulatory and transactional health care matters, including corporate...  |  Read More

Dr. Donovan Wong
Dr. Donovan Wong

Medical Director of Behavioral Health
Doctor on Demand

Dr. Wong is a psychiatrist who has worked in diverse settings, including clinics and emergency rooms in California,...  |  Read More

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