On this particular matter, I think doxy is right. A few days before the CMS announcement, I believe doxy had removed their functionality relating to tracking consent because “they couldn’t keep up” (I have a screen shot, I believe). When the CMS announcement came along, they got to change their message. So, right now - I don’t think that anyone needs to collect consent for telemedicine. RIGHT NOW.
There are a couple issues with that conclusion:
- Generally speaking, more specific state law overrides looser federal law. This has always been true. What I haven’t fully confirmed is if your state requires consent are THEY recognizing the change in restrictions?
- Let’s say all is great right now, you don’t need consent. But that rule goes back into place…is it easier now to get consent as people sign up OR will it be easier later after they’ve had a few visits and now you have 3000 people you need to get consent from? I dunno. But maybe doing it now is better.
Back to my original point. Texas is a state that requires consent from patients. Do you have the language anywhere which specifically states what’s need to record consent? Does it require a signature, digital or otherwise, or can you just record it in the your chart (like…VIS)? We all presume that these things need some kind of signature when, very often, they do not.
I very much welcome disagreement!