Telemedicine in 2023: Where we are and where we are going
Telemedicine is the use of technology to deliver healthcare remotely. This can include everything from online consultations with doctors to monitoring chronic diseases using digital devices. Telemedicine can provide greater access to healthcare for individuals, and can improve the efficiency of healthcare by allowing doctors to monitor patients remotely or provide care immediately when it is most convenient. However, nothing is black and white, and telemedicine comes with a number of risks.
Key takeaways
- Telemedicine currently lacks a specific legal framework. The current Act on Health Services No. 372/2011 Coll. does not explicitly regulate the provision of remote care; however, this is set to change with an upcoming amendment that will introduce a clear definition and rules for this method of care delivery.
- The new rules establish strict technical requirements for quality and security. Providers will be required to ensure an encrypted communication channel and reliable verification of the identity of both parties, either visually, through security questions, or by other secure means.
- Communication records will be subject to a strict consent regime. If a provider decides to record a call or any other form of communication, they must always obtain the patient's explicit consent; otherwise, such a procedure will be inadmissible.
- Remote monitoring requires certified equipment. For the purposes of remote monitoring of vital signs or the management of intervention devices, only certified medical devices may be used, rather than standard consumer electronics.
- Telemedicine may only be provided by a holder of a license to provide health services. It is not a separate category of service; therefore, every provider must possess a valid authorization to provide healthcare, just as is required for standard in-person medical practice.
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Legal regulation of telemedicine
Current legislation does not regulate the provision of telehealth in any way. However, an amendment to Act No 372/2011 Coll., on Health Services and Conditions of their Provision, is currently under discussion, which should establish a definition of telemedicine as the provision of health services at a distance using telecommunications and information technology or a medical device. The amendment should also stipulate that telemedicine can only be provided under the conditions laid down by law and at the same time only if the technical requirements for the quality and safety of communication are met. The implementing legislation is then to lay down the detailed conditions for the provision of telemedicine, including the technical requirements for the quality and security of communication.
The explanatory memorandum to this forthcoming amendment to the Health Services Act and the implementing decree lists some requirements for the minimum technical characteristics of the telecommunication and information technologies used, in particular that the communication channel used must be encrypted; proof of the identity of both communicating parties must be ensured - visually, by a control question, or in some other way; the recording of the communication may be recorded on the provider's side only with the patient's consent; only certified medical devices may be used for remote monitoring of vital signs and remotely controlled intervention devices.
It is important to emphasise that only a healthcare provider who has been authorised to provide telemedicine health services can still provide telemedicine health services. Telemedicine does not constitute a separate type of health service and therefore only a health service provider can provide telemedicine on the basis of an authorisation, as is the case for conventional health care provision.
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Benefits and risks of telemedicine
Telemedicine brings with it significant benefits such as the aforementioned wider accessibility of healthcare, convenience for patients, increased efficiency of care delivery and others, but it also carries certain risks, especially related to limited access of the doctor to the patient, the inability to physically treat the patient or perform diagnostic tests, possible technological barriers or limited access of the doctor to the patient's medical records. However, the expert community agrees that, although the standard of healthcare provision must be maintained, it is always necessary to compare whether the benefits of this institution outweigh the risks. Patients should make a free and informed decision as to whether they wish to undergo this type of care despite the risks involved in providing care at a distance.
Telemedicine has the potential to fundamentally change the way healthcare is delivered. When properly used and regulated, telemedicine has the potential to improve access to healthcare, improve treatment outcomes and reduce healthcare costs. The field continues to evolve over time and it will be important that regulatory, privacy and data security issues are properly addressed.
We continuously monitor current trends in the healthcare industry. To learn more about current topics and legal issues in the healthcare industry, please do not hesitate to contact us.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2023. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.