The Joint Commission recently announced it has changed its accreditation rules to enable more hospitals and telemedicine companies to use the streamlined “credentialing by proxy” process. Under the change, the distant site...more
Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates....more
3/8/2021
/ Class Action ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
Fines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Notifications ,
Statutory Damages ,
TCPA ,
Telemedicine ,
Texting ,
Written Consent
Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of...more
3/1/2021
/ Audits ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Fraud ,
Home Health Agencies ,
Home Health Care ,
Medicaid ,
Medicare ,
Medicare Part B ,
Mental Health ,
OIG ,
Public Health Emergency ,
Telehealth ,
Telemedicine ,
Waivers
The Public Health Emergency introduced a myriad of changes to federal and state telemedicine and digital health laws and rules. There were expansions to telehealth coverage and reimbursement, suspension of enforcement on...more
The Georgia Composite Medical Board recently finalized a new amendment to its telemedicine practice standards. The purpose of the amendment was to address the use of technology as it relates to telemedicine, and clarify the...more
On August 3, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a number of clarifications and proposals on remote patient monitoring (RPM) services reimbursed under the Medicare program. The changes, part of...more
For years, Foley has monitored legal policy in the telemedicine and digital health industry, following how advances in technology have coupled with improved state regulations to supercharge the growth of telehealth and...more
The OIG recently released proposed revisions to the Anti-Kickback Statute (AKS) and Civil Monetary Penalties (CMP) Law. Several of these changes, if finalized, will directly benefit companies offering telemedicine and digital...more
10/28/2019
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
CMP Waivers ,
Digital Health ,
DMEPOS ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Medicare ,
OIG ,
Safe Harbors ,
Telemedicine ,
Value-Based Care ,
Waivers
Last week, CMS proposed two significant changes to remote patient monitoring (RPM) services reimbursed under the Medicare program. The changes, part of the proposed 2020 Physician Fee Schedule, have been hotly anticipated by...more
On April 29, 2019, the Florida State Legislature passed HB 23, a law providing additional guidelines on the use of telehealth in the Sunshine State. The bill is now on its way to Governor DeSantis’ desk where he is expected...more
New Mexico lawmakers passed new legislation designed to close gaps in the state’s current telehealth insurance coverage law, provide coverage clarity to patients, and ensure payment parity to in-network health care providers....more
Momentum and support continues to build for telehealth commercial coverage laws across the United States, designed to ensure that covered members of health insurance plans can enjoy the full scope of their medical benefits –...more
Last week, the federal HHS Office of Inspector General (OIG) gave the greenlight to allow a virtual care company and pharmaceutical manufacturer to loan patients free smartphones, so the patients (which include Medicare...more
2/14/2019
/ Advisory Opinions ,
Beneficiary Inducement ,
Civil Monetary Penalty ,
Digital Health ,
Health Care Providers ,
Low-Income Issues ,
Manufacturers ,
Medical Devices ,
Mobile Apps ,
OIG ,
Patient Assistance Programs ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Smartphones ,
Technology Sector ,
Telemedicine
Virginia lawmakers have taken new steps to expand the use of remote patient monitoring among the State’s residents, with both the House and Senate unanimously passing bipartisan legislation ensuring that commercial health...more
On January 9, 2019, the American Telemedicine Association (ATA) issued a policy comment letter to the U.S. Drug Enforcement Administration (DEA), advocating for provider-friendly changes to federal controlled substance...more
Starting January 1, 2019, the Medicare program will cover certain medical services delivered via asynchronous telemedicine technologies. The Centers for Medicare and Medicaid Services (CMS) just published the final rule for...more
Telemedicine providers rejoice: Medicare will cover new virtual care services starting January 1, 2019. The Centers for Medicare and Medicaid Services (CMS) just published the final rule for the 2019 Physician Fee Schedule,...more
President Trump just signed into law the “Special Registration for Telemedicine Act of 2018” (the Act), requiring the Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse...more
10/25/2018
/ Controlled Substances ,
Controlled Substances Act ,
Electronic Prescribing ,
Health Care Providers ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
Proposed Regulation ,
Ryan Haight Act ,
Telemedicine ,
Trump Administration
The telemedicine industry was pleased to learn CMS recently proposed adding new services to its list of Medicare-covered telehealth services. But what may be more interesting are the services CMS declined to add, and why....more
8/10/2018
/ Bipartisan Budget Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
EMTALA ,
HCPCS ,
Health Care Providers ,
Hospitals ,
Medical Reimbursement ,
Medicare ,
Proposed Rules ,
Social Security Act ,
Telecommunications ,
Telehealth ,
Telemedicine
The Centers for Medicare & Medicaid Services issued a proposed rule introducing monumental changes to the physician fee schedule, paving the way for asynchronous telemedicine and new technologies through a new set of virtual...more
7/27/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Electronic Health Record Incentives ,
HCPCS ,
Health Care Providers ,
Health Information Technologies ,
Medicare ,
Physician Fee Schedule ,
Physicians ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Telemedicine
The Centers for Medicare and Medicaid Services just issued a proposed rule introducing monumental changes to the physician fee schedule, paving the way for asynchronous telemedicine and new technologies through a new set of...more
State laws and rules addressing prescribing controlled substances via telemedicine typically fall into three categories:
States expressly “allowing” telemedicine prescribing of controlled substances without a prior...more
The Delaware Board of Medicine recently enacted new regulations pertaining to telemedicine and telehealth. As we previously reported, the new regulations are intended to clarify the language in Delaware’s Medical Practice...more
Connecticut has taken another step towards expanding the meaningful use of telemedicine in connection with treatment of mental health and substance use disorders. SB 302, signed by Governor Dannel Malloy and effective July 1,...more
6/27/2018
/ Controlled Substances Act ,
Drug & Alcohol Abuse ,
Electronic Prescribing ,
Food and Drug Administration (FDA) ,
Governor Malloy ,
Health Care Providers ,
Mental Health ,
New Legislation ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Public Safety ,
Ryan Haight Act ,
Telemedicine
Kentucky health care providers and patients will soon enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Kentucky Governor Matt Bevin signed SB 112 into law on April 26, 2018, imposing...more