Access to telemedicine services in the italian legal system

This article examines access to telemedicine services within the Italian legal system, framing it as an essential dimension of the fundamental right to health in the context of digital healthcare transformation. The Author argues that the digitalization of healthcare delivery must remain grounded in the therapeutic relationship and the principle of trust between physician and patient. Particular attention is devoted to the assessment of patient eligibility and to the legal and organizational conditions required for the provision of remote healthcare services. These requirements are interpreted in light of the constitutional principle of substantive equality, highlighting the risk that technological innovation may generate new forms of exclusion and discrimination. The study therefore emphasizes the duty of public institutions to ensure effective, equitable, and universal access to digital health technologies. It further explores the interaction between telemedicine and artificial intelligence systems, focusing on the human-centered approach embodied in the European Union’s AI regulatory framework. The analysis underscores the continuing centrality of individual autonomy, human dignity, and professional responsibility in healthcare decision-making. The article concludes that telemedicine can enhance the effectiveness of fundamental rights and improve healthcare accessibility, provided that its implementation is supported by appropriate legal safeguards and inclusive public policies.