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Fraud, Access, and the Future of Telemedicine
Jacob T Elberg1, Eli Y Adashi2
1From the Associate Professor of Law and Director of the Center for Health & Pharmaceutical Law, Seton Hall University School of Law, Seton Hall University, Newark, NJ (JTE); Professor of Medical Science, Former Dean of Medicine and Biological Sciences, Brown University, Providence, RI (EYA). jacob.elberg@shu.edu.
Abstract:
On July 20, 2022, the Department of Health and Human Services, Office of Inspector General (HHS-OIG), issued a Special Fraud Alert warning healthcare providers of increased fraudulent activity surrounding telemedicine companies. The Alert marks a further escalation of a multi-year effort by the Department of Justice (DOJ) and the HHS-OIG to crack down on multi-billion dollar fraud cases involving telehealth companies. It is the objective of this Commentary to place the HHS-OIG Special Fraud Alert in the context of enforcement efforts by the DOJ and HHS to stem the recent growth in telehealth fraud resulting from the COVID-19 pandemic. Taken together, it is apparent this is a critical moment in the evolution of telehealth and it is crucial to strike a proper balance between effective regulation and enforcement on the one hand, and access to care on the other.
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