Telehealth Informed Consent, Patient Identity and the Emergency Plan: What to Document
Telehealth adds three things an in-person visit takes for granted: proving who the patient is, knowing where they are, and having a plan if something goes wrong while they are far away. Each belongs in the chart.
Key Highlights
- Consent requirements vary by state. Guidance is to explain the visit and the patient's rights, disclose observers and document consent, including verbal consent.
- Model-policy consent elements include patient and physician identification, the types of transmissions, privacy and security risks, the risk of technical failure and how emergencies are handled.
- The physician should verify and authenticate the patient's location and identity.
- An emergency plan starts with confirming the patient's exact location and a local emergency contact at the start of each visit.
Consent
Consent rules differ by state, and the federal telehealth resource center's guidance says so. The common approach is to explain the visit and the patient's rights, disclose anyone else observing, and document the patient's consent, including verbal consent when that is permitted. California, for example, allows consent to be verbal or written, as long as it is documented.
What a Strong Consent Covers
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Verify Identity and Location
The model policy expects the physician to fully verify and authenticate the patient's location and identify the patient. Location is not a formality: it determines which state's law applies and which emergency services can respond. Confirm it at the start of every encounter.
The Emergency Plan
HHS's telehealth guidance lays out the basics. Confirm the patient's exact location and full address at the start of each visit. Get the local emergency numbers, because dialing 911 only reaches the caller's local dispatch. Get a local support person and authorization to share information with them. Plan for a dropped connection, and define the triggers for referral. The model policy adds that a standing plan is required and that simply referring everyone to the emergency department is not enough.
Disclaimer
This article is general educational information, not legal advice. Telehealth rules differ by state and change often, so confirm specifics with health care regulatory counsel in each state where you treat patients.
MedGrid MSO provides management services to independently owned practices; it does not practise medicine and does not direct clinical decisions. Requirements vary by state and by service, and change over time — nothing on this page is legal or medical advice. Talk to us or your own counsel before making a structural decision for your clinic.