Telemedicine enforcement decree pre-announced

Platform registration, certification delegated to KHIS...System development, operation entrusted to NHIS

Fines of up to KRW 2 million for failure to submit, or false submission of, nonreimbursed treatment data

Ahead of the transition of telemedicine to a full-scale program on December 24, the Ministry of Health and Welfare announced a legislative notice on the 23rd for a partial amendment to the Enforcement Decree of the Medical Service Act.

The amendment sets out requirements for the establishment of a telemedicine support system and electronic prescription transmission system, as well as the registration and certification of telemedicine intermediary platforms.

However, the proposed amendment to the Enforcement Rule, which will address major contentious issues including limits on prescription duration and geographic restrictions for first-visit telemedicine and drugs prohibited for telemedicine, has yet to be finalized for the legislative notice.

The newly legislative-noticed amendment to the Enforcement Decree of the Medical Service Act specifies key operational procedures delegated by the law, in line with the institutionalization of telemedicine taking effect from December 24, 2026, such as telemedicine platform certification, information system establishment, and the relaxation of telemedicine requirements during emergencies.

One notable provision is the condition for 'relaxing telemedicine criteria during emergencies.' According to the amendment, telemedicine criteria may be relaxed when a severe-stage disaster crisis alert is issued or when an alert of warning level or higher is issued due to the spread of infectious diseases.

The proposal also establishes a safeguard allowing the Minister of Health and Welfare to ease telemedicine requirements by issuing a notice specifying the applicable measures, regions, and duration when access to in-person care is severely disrupted by war or armed conflict, a large-scale disaster, or widespread suspension or closure of medical practices by healthcare professionals.

Responsibilities for developing and managing the infrastructure supporting the telemedicine ecosystem will be divided among relevant public agencies. The Health Insurance Review and Assessment Service (HIRA) will be responsible for receiving and reviewing data on non-reimbursed medical services provided through telemedicine and compiling related statistics.

The National Health Insurance Service (NHIS) will be responsible for developing and operating the telemedicine support system and electronic prescription transmission system, ensuring the protection of patients' sensitive information and unique identifying information through robust technical and administrative safeguards. Meanwhile, the handling of registration reception, certification, evaluation, and inspection for private telemedicine intermediary platforms has been entrusted to the Korea Health Information Service (KHIS) to enhance professional expertise.

The proposal also introduces administrative fines to ensure compliance. Failure to submit data on non-reimbursed medical services or information required for the development and operation of the systems, or the submission of false information, will be subject to fines ranging from KRW 600,000 to KRW 2,000,000 depending on the number and severity of violations.

Through the advance notice, the ministry plans to complete the institutional framework before the Medical Service Act takes effect in December, following consultations with relevant ministries and a regulatory review.