OIG offers guidance on the legality of telemedicine arrangements

Telemedicine increasingly is being used to enable patients in rural areas to gain access to specialists. At the same time, concerns have arisen about the legality of certain telemedicine applications. To date, the HHS Office of Inspector General (OIG) has issued two advisory opinions stating it would not impose sanctions on two specific telemedicine arrangements, where potential violations of the antikickback statute could exist. These opinions, while applying only to the specific arrangements in question, provide physicians with clues to the OIG's thinking on various arrangements they may wish to initiate.