CTP Legal, Ethical & Regulatory Compliance 2 — Questions and Answers
Question 1: A patient in State A consults a telehealth provider licensed only in State B. Which legal principle most directly governs this situation?
- Federal interstate commerce law
- The provider's state licensing requirements apply to where the patient is located (Correct answer)
- The provider may practice in any state using their home-state license
- HIPAA supersedes state licensing requirements for telehealth
Correct answer: The provider's state licensing requirements apply to where the patient is located
Most states require providers to be licensed in the state where the patient is physically located at the time of the telehealth visit.
Question 2: Under the Ryan Haight Online Pharmacy Consumer Protection Act, what is generally required before prescribing controlled substances via telehealth?
- A written patient attestation form
- At least one in-person medical evaluation (Correct answer)
- Approval from the state pharmacy board
- A 30-day waiting period after registration
Correct answer: At least one in-person medical evaluation
The Ryan Haight Act requires at least one in-person evaluation before a practitioner may prescribe controlled substances via the internet or telehealth.
Question 3: Which federal agency enforces HIPAA Privacy and Security Rules for healthcare providers?
- Centers for Medicare & Medicaid Services (CMS)
- Office for Civil Rights (OCR) within HHS (Correct answer)
- Federal Trade Commission (FTC)
- Drug Enforcement Administration (DEA)
Correct answer: Office for Civil Rights (OCR) within HHS
The HHS Office for Civil Rights (OCR) is responsible for enforcing HIPAA Privacy and Security Rules.
Question 4: A telehealth provider wants to record a session for quality improvement. What is the FIRST required step?
- Submit a notice to the state medical board
- Obtain informed consent from the patient before recording (Correct answer)
- Encrypt the recording using AES-256
- Notify the payer if the session is billable
Correct answer: Obtain informed consent from the patient before recording
Patient informed consent must be obtained before recording any telehealth session, as recording without consent may violate wiretapping and privacy laws.
Question 5: Which of the following best describes 'practice drift' in a telehealth compliance context?
- A provider gradually expanding services beyond their licensed scope of practice (Correct answer)
- Drift in signal quality affecting clinical accuracy
- Changing EHR platforms mid-session
- Providing care across time zones without adjusting documentation timestamps
Correct answer: A provider gradually expanding services beyond their licensed scope of practice
Practice drift refers to a clinician gradually expanding services beyond their licensed or credentialed scope, which is a compliance and liability risk in telehealth.
Question 6: Under the ADA, what obligation do telehealth platforms generally have regarding patients with disabilities?
- Offer in-person alternatives only
- Provide reasonable accommodations such as captioning or ASL interpreters (Correct answer)
- Refer patients with disabilities to specialized in-person clinics
- Charge additional fees for accommodation services
Correct answer: Provide reasonable accommodations such as captioning or ASL interpreters
The Americans with Disabilities Act requires telehealth providers to offer reasonable accommodations, such as captioning or sign language interpretation, to ensure accessible care.
Question 7: A telehealth platform stores patient records on a third-party cloud server. Which HIPAA agreement is mandatory?
- Notice of Privacy Practices (NPP)
- Business Associate Agreement (BAA) (Correct answer)
- Data Use Agreement (DUA)
- Covered Entity Certification
Correct answer: Business Associate Agreement (BAA)
A Business Associate Agreement (BAA) is required under HIPAA whenever a covered entity shares PHI with a third-party vendor or cloud service provider.
CTP Legal, Ethical & Regulatory Compliance 2
A patient in State A consults a telehealth provider licensed only in State B.
Which legal principle most directly governs this situation?