2025 Year-End Risk Advisory for Telemedicine Providers

Telemedicine continues to transform healthcare delivery, but it can also introduce unique clinical and regulatory risks. As we prepare for 2026, it’s critical to review emerging trends, compliance requirements, and best practices to help protect your patients and your practice.

1. Cybersecurity and Data Privacy

Telemedicine platforms and electronic health records remain prime targets for cyberattacks. Look out for any of the following:

• Ransomware attacks and phishing schemes targeting patient data.
• Third-party vendor breaches involving video consultation platforms.
• HIPAA enforcement actions for improper handling of PHI.

2026 Action Steps:

• Conduct a year-end security audit.
• Implement multi-factor authentication and encryption for all telemedicine sessions.
• Review vendor contracts for cybersecurity obligations.

2. Regulatory and Legal Updates

• Licensure Compliance: Pandemic-era waivers have expired in most states. It is recommended that provider credentials are verified for every jurisdiction served.
• Prescribing Laws: Controlled substance regulations remain strict. Stay ahead of compliance with DEA and state rules.
• Malpractice Exposure: Be on the lookout for increased scrutiny on virtual care documentation and informed consent.

2026 Action Steps:

• Update policies and procedures for licensure and prescribing.
• Provide your staff with training that covers telemedicine regulations unique to each state.

3. Clinical Risk Management

Telemedicine introduces unique clinical challenges such as:

• Diagnostic Accuracy: Limited physical exams increase misdiagnosis risk.
• Informed Consent: Ensure patients understand telemedicine limitations and risks.
• Medication Safety: Prescribing controlled substances in virtual settings remains high-risk.

2026 Action Steps:

• Use standardized protocols for virtual assessments.
• Document telemedicine-specific informed consent.
• Establish escalation pathways for in-person care when needed.

4. Technology and AI Integration

AI-driven clinical decision support tools are becoming common, but they can carry liability risks:

• Algorithm Bias: AI recommendations may lead to inequitable outcomes.
• Device Security: Ensure remote monitoring devices meet FDA standards and cybersecurity requirements.

2026 Action Steps:

• Validate AI tools for accuracy and bias.
• Confirm device interoperability and security standards.

5. Fraud, Waste and Abuse

Telemedicine billing remains under scrutiny:

• Upcoding and improper claims can trigger audits.
• Identity verification is critical to prevent fraudulent encounters.

2026 Action Steps:

• Conduct internal billing audits.
• Implement patient identity verification protocols.

6. Emerging Risks for 2026

• Cross-Border Telemedicine: International consultations raise legal and compliance issues.
• Mental Health Surge: Increased demand for virtual behavioral health services heightens malpractice exposure.
• Data Portability Laws: New privacy regulations will impact patient rights and data sharing.

Your Year-End Checklist

• Perform a comprehensive clinical risk assessment.
• Update telemedicine compliance policies.
• Train staff on cybersecurity and prescribing regulations.
• Review malpractice and cyber liability insurance coverage.

Stay Ahead of Risk in 2026

Telemedicine will continue to play an integral role in healthcare; however, associated risks persist. We recommend that you implement proactive clinical risk management practices to strengthen your defense against these challenges.