OPM - 2022-CAAG-0014 - 4

We recommend that OPM consult with the Office of the General Counsel (OGC) to determine the legal sufficiency of OPM's preemptive authority to implement a uniform framework requiring FEHBP providers to obtain informed consent from all parties before recording audio or video telehealth sessions. Should OGC conclude that OPM's preemptive authority is not sufficient to require FEHBP providers to obtain informed consent in all circumstances, then we recommend that OPM issue guidance to FEHBP carriers recommending that FEHBP providers obtain informed consent, where required by existing and applicable authorities. Regardless of OGC's determination, we also recommend that the guidance OPM sends to the FEHBP carriers should require them to educate members about the importance of informed consent regarding telehealth visits, both when a provider wishes to record and if a member wishes to record their own session.