ABSTRACT
This chapter addresses legal issues of teleanalysis and teletherapy in the United States. It presents many examples of state law, but the examples are not exhaustive and they are given to illustrate points of law rather than to cover every state and its particular situation in relation to teletherapy. Healthcare professionals already know that their care must meet what is called “the standard of care” and they are held responsible for ensuring that their care meets that standard. Statutes are enacted by legislatures at the state and federal level. An example of a federal statute relevant to telepsychiatry is the Health Insurance Portability and Accountability Act of 1996 (HIPAA) enacted by Congress to protect the confidentiality of health information. Federal regulations include the Privacy Rule and Security Rule, enacted by the US Department of Health and Human Services (HHS) to implement HIPAA. Medicare will pay for limited remote services, provided the patients are in a facility in an underserved area.
