Medicare telehealth post-Public Health Emergency (PHE): With the COVID-19 PHE concluding on May 11, 2023, many of the telehealth flexibilities the Centers for Medicare & Medicaid Services (CMS) implemented during the PHE will...more
3/30/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicare Administrative Contractors (MAC) ,
Opioid ,
PHI ,
Public Health Emergency ,
Substance Abuse ,
Telemedicine
Alabama Governor Kay Ivey recently signed SB 272 into law, setting forth telemedicine practice standards and abolishing Alabama’s previous “special purpose license” that allowed physicians licensed in other states to practice...more
As if telemedicine companies didn’t already have enough regulatory complexities, a number of states have begun to implement “telemedicine business registrations” prior to launching services in new states. Among them is...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
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
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
The Delaware Board of Medicine has issued proposed regulations clarifying certain statutory provisions pertaining to telemedicine and telehealth. As we previously reported, Delaware’s Medical Practice Act imposes certain...more
Missouri’s governor signed into law SB 579 (the “Act”), on June 8, 2016, establishing new telemedicine practice standards, including explicitly allowing a valid physician-patient relationship to be established via...more
ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances,...more
7/25/2016
/ Business Associates ,
Covered Entities ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Online Reviews ,
Patient Privacy Rights ,
PHI ,
Physicians ,
Written Consent ,
Yelp
Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the...more
6/30/2016
/ Disclosure Requirements ,
Electronic Prescribing ,
Electronic Records ,
Health Care Providers ,
Informed Consent ,
Medical Examiners ,
New Legislation ,
Physicians ,
Standard of Care ,
Telehealth ,
Telemedicine ,
Venue
Louisiana’s Board of Medical Examiners (the “Board”) enacted regulations in the fall amending the prior practice standards for telemedicine, the requirements for obtaining a telemedicine permit, and the rules on remote...more
3/22/2016
/ Amended Regulation ,
Controlled Substances ,
Disclosure Requirements ,
Electronic Medical Records ,
Electronic Prescribing ,
Health Care Providers ,
Health Information Technologies ,
Informed Consent ,
Medical License ,
Physicians ,
Telehealth ,
Telemedicine
The Great State of Arkansas was ranked last among all states in a recent report by the American Telemedicine Association on telemedicine practice standards. The good news is the Arkansas Board of Medicine indicated plans to...more
A lonely sentence at the end of New Hampshire’s new telemedicine law could mean the Granite State will join 48 other states in offering Medicaid FFS coverage of telehealth services.
Interestingly, the very end of the Act...more
The North Dakota Board of Medicine issued proposed regulations designed to move the Peace Garden State to the list of telemedicine-friendly states. The rules properly focus on the quality of care delivered, rather than the...more
A physician in New Hampshire can now establish a valid doctor-patient relationship without needing a prior in-person exam. This is among several recent changes in New Hampshire’s telemedicine laws that offer new opportunities...more
10/27/2015
/ Controlled Substances ,
Electronic Medical Records ,
Electronic Prescribing ,
Exemptions ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
In-Person Exam ,
Licensing Rules ,
Mental Health ,
New Legislation ,
Physicians ,
Prescription Drugs ,
Standard of Care ,
Telehealth ,
Telemedicine
A False Claims Act (“FCA”) lawsuit in Georgia was dismissed on March 31, 2015, after a federal district judge ruled that the government’s expert witnesses used the wrong standard to determine whether certain skilled therapy...more
4/28/2015
In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for...more