Integrated Health Care Delivery and Telemedicine: Existing Legal Impediments in India

Title

Integrated Health Care Delivery and Telemedicine: Existing Legal Impediments in India

Creator

Mathew M.

Description

The technological innovation in the healthcare sector has contributed to the growth of telemedicine in India. Health services fall under State responsibility as per the Indian Constitution by virtue of Schedule 7although policy and planning framework are under the scope of Central government. Telemedicine cannot not work as an autonomous service, rather, ought to be subjected to different regulations having complex ethical, medico-legal manifestations. As far as India is concerned, Ministry of Health and Family Welfare of India (MoHFW) is the body responsible for initiating the policy of digitization of healthcare. However the point ishow far digital health services going appropriately in India. Based on NDHBs comprehensive architectural framework of Federated National Health Information System in January 2020 and as the pandemic strategy Medical Council of India and the NITI Aayog released new guidelines on telemedicine with respect to registered medical practitioners, this research needed to be checked. Thus, the examination was done in these aspects. Guidelines were revisited to see how the hospitals in Delhi and NOIDA function based on the records submitted in medical consultation given to patients using telemedicine. It is felt that telemedicine being a nebulous concept in India, it needs to be analyzed in the light of prospective opportunities it would offer. There is a need for collaborative approaches on digital health, revision in the prevailing legal and ethical frameworks, the clinical practices corresponding to standing medical guidelines. Also, it is found that there exist no uniform telemedicine practices balancing the privacy norms, medico-legal responsibility and regulatory standards. To arrive at conclusion, the best practices prevailed in other countries are examined and adopted. It is felt that the policies existing in telemedicine need to be bifurcated as digital consultation, digital photography, remote patient monitoring (RPM) separately. 2023, The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

Source

Lecture Notes in Networks and Systems, Vol-490, pp. 527-534.

Date

2023-01-01

Publisher

Springer Science and Business Media Deutschland GmbH

Subject

Consent; Digital healthcare; Medico-legal standards; Telemedicine

Coverage

Mathew M., Associate Professor, School of Law, Christ (Deemed to be University) Delhi N.C.R, Delhi, India

Rights

Restricted Access

Relation

ISSN: 23673370; ISBN: 978-981194051-4

Format

Online

Language

English

Type

Conference paper

Identifier

https://doi.org/10.1007/978-981-19-4052-1_52

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