Nathaniel Lacktman

Nathaniel Lacktman

Foley & Lardner LLP

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Latest Publications


Payers Embracing Telemedicine Cost Savings, Ramping Up Reimbursement in 2016

Often considered the primary obstacle to telemedicine implementation, reimbursement changes are now better viewed as one of the most prominent drivers of telemedicine expansion. Payers are finally beginning to realize what...more

11/24/2015 - Aetna Anthem Insurance CIGNA CMS Health Care Providers Healthcare Costs Humana Reimbursements Telemedicine UnitedHealth

Florida Proposes Telemedicine Medicaid Rules

Florida’s Agency for Health Care Administration published proposed regulations regarding telemedicine-based services in the Medicaid program. The Agency is soliciting comments through November 23 and will host a public rule...more

11/19/2015 - Comment Period Health Information Technologies Medicaid Proposed Regulation Telemedicine

Five Telemedicine Trends Transforming Health Care in 2016

Telemedicine is a key component in the health care industry shift to value-based care as a way to generate additional revenue, cut costs and enhance patient satisfaction. One of the biggest changes to health care in the last...more

11/16/2015 - ACOs American Telemedicine Association CMS Telemedicine Value-Based Purchasing

Five Takeaways from North Dakota’s Proposed Telemedicine Rules

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

11/9/2015 - Electronic Medical Records Electronic Prescribing Health Care Providers Hospitals Licensing Rules Proposed Regulation State Medical Board Telemedicine

Top Three Reasons ACOs Should Use Telehealth and Telemedicine

Accountable Care Organizations (ACOs) can share costs of telehealth and remote patient monitoring services among their hospitals, providers/suppliers, and other ACO participants, according to federal regulations under the...more

11/3/2015 - ACOs Alternative Payment Models (APM) CMS Fee-for-Service Fraud and Abuse Health Care Providers Health Information Technologies Healthcare Healthcare Reform Hospitals Medicare Medicare Shared Savings Program OIG Suppliers Telehealth Telemedicine Value-Based Purchasing Waivers

Six Ways to Take Advantage of New Hampshire’s New Telemedicine Law

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

Changes to New York Telehealth Coverage Coming Soon

After New York became the 22nd state to enact a telemedicine commercial coverage statute, Governor Andrew Cuomo signed an amendment changing the statute. The amendment makes sweeping changes to telehealth coverage under New...more

10/20/2015 - Amended Legislation Governor Cuomo Health Care Providers Health Information Technologies Health Insurance Hospitals Medicaid Nurse Practitioners Nurses Physicians Psychological Counseling Reimbursements Telehealth Telemedicine

Telehealth and Consumer Subscription Models

Telehealth opportunities continue to grow at an exponential rate, aligning with the concurrent growth of retail and consumer-focused medicine. Capturing the retail sentiment, companies are looking to offer subscription-based...more

10/6/2015 - Alternative Payment Models (APM) Fees Fixed Price Fixed-Fee Health Care Providers Health Insurance Licensing Rules Retail Market Risk-Based Approaches Telehealth Telemedicine

U.S. to China Health Care Arrangements: New Rules for Medical Institution and Service Advertisements

As U.S. hospitals and health care providers continue to explore China’s market for international health care business opportunities, including telemedicine, they often consider providing services or products to consumers...more

9/28/2015 - Advertising China Contract Drafting Contract Negotiations Endorsements Health Care Providers Healthcare Hospitals Proposed Regulation Sanctions Telemedicine

Medicare Telehealth Services in Puerto Rico

As U.S. health care providers continue to use telehealth, telemedicine, and virtual care services to expand their services and geographic footprint overseas, they are beginning to ask whether or not Medicare will cover...more

9/14/2015 - CMS Healthcare Medicare Medicare Advantage Physicians Puerto Rico Telehealth Telemedicine

Will the TELE-MED Act of 2015 Really Change Licensure Rules?

Congress is reviewing legislation designed to permit telemedicine providers to treat Medicare patients across state lines without the need for separate state licensure. The Telemedicine for Medicare Act of 2015 (S. 1778 and...more

8/31/2015 - Health Care Providers Interstate Commerce Medical License Medicare Pending Legislation Physician Medicare Reimbursements Physicians Telehealth Telemedicine

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

8/12/2015 - Controlled Substances Controlled Substances Act DEA Doctor-Patient Privilege Electronic Prescribing Fourth Amendment Health Care Providers In-Person Exam Medical Records Patient Privacy Rights Physicians Prescription Drugs Probable Cause Search Warrant Subpoenas Telemedicine Warrantless Searches

Maine Welcomes Telemedicine with New Board Guidelines

The Maine Board of Licensure in Medicine enacted new guidelines governing the practice of telemedicine and the use of technology to deliver health care services. Effective June 2014, Maine’s guidelines expand upon prior Board...more

8/4/2015 - Data Privacy Health Care Providers Health Information Technologies Healthcare Informed Consent New Guidance Patient Privacy Rights Physicians Telehealth Telemedicine

Does Delaware’s New Telemedicine Law Foreshadow Broader Payment Parity?

Nationwide, states continue to enact laws requiring commercial health plans to cover medical services provided via telemedicine to the same extent they cover medical services provided in-person. These laws are intended to...more

7/27/2015 - Alternative Payment Models (APM) Cost-Shifting Fee-for-Service Health Care Providers Health Information Technologies Health Insurance Healthcare New Legislation Telehealth Telemedicine

Colorado Proposes New Telehealth Rules

The Colorado Medical Board proposed updated draft guidelines for the delivery of healthcare services via telehealth, as well as remote prescribing for new patients. Recognizing that “using telehealth technologies in the...more

7/20/2015 - Disclosure Requirements Electronic Medical Records Health Care Providers Health Information Technologies Healthcare Informed Consent Medical Records Physicians Prescription Drugs Proposed Regulation Telehealth Telemedicine

Is My Telehealth App Subject to HIPAA?

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

7/16/2015 - App Developers CMIA Data Breach Data Privacy Data Security Do Not Track Electronic Medical Records FTC Health Care Providers Healthcare HIPAA Mobile Apps Patient Confidentiality Breaches Personally Identifiable Information PHI Telehealth Telemedicine Vendors

Congress Wows With Medicare Telehealth Parity Act of 2015, But Will It Succeed?

Rep. Mike Thompson (D-CA) and co-sponsors Rep. Gregg Harper (R-MS), Rep. Diane Black (R-TN), and Rep. Peter Welch (D-VT) announced, on July 7, 2015, the introduction of the Medicare Telehealth Parity Act of 2015,...more

7/15/2015 - American Telemedicine Association CMS ESRD FQHC Health Care Providers Medicaid Medicare Pending Legislation Physician Medicare Reimbursements Physicians Reimbursements Rural Health Care Program Rural Health Care Providers Telehealth Telemedicine

Can My Hospital Bill Medicare for Telehealth Chronic Care Management?

CMS just introduced proposed rules to clarify the requirements and payment opportunities when hospitals want to bill Medicare for Chronic Care Management (“CCM”) services. CCM is an exciting service covered by Medicare...more

7/15/2015 - Billing CMS Health Care Providers Health Information Technologies Healthcare Hospitals Medicaid Medicare OPPS Physician Fee Schedule Physicians Proposed Regulation Telehealth

Telemedicine Practice and Remote Prescribing in Delaware

Note: This is a companion piece to our parallel article discussing the various Delaware commercial insurance coverage requirements in the Act. Delaware Gov. Jack Merkell signed into law, on July 7, 2015, a bill...more

7/10/2015 - Health Care Providers Health Insurance Healthcare Healthcare Reform Hospitals New Legislation Nurses Physicians Prescription Drugs Recordkeeping Requirements Telehealth Telemedicine

Delaware Enacts Telehealth Commercial Insurance Parity Law

Declaring “liberty and independence” from the constraints of brick and mortar health care, Delaware became the 29th state to enact a telemedicine commercial reimbursement statute. The legislation (HB-69) was sponsored by...more

7/8/2015 - Commercial Insurance Policies Cost-Shifting Health Care Providers Health Information Technologies Health Insurance Hospitals New Legislation Telehealth Telemedicine Terms and Conditions

Telemedicine Providers: Are My Doctors Employees or Independent Contractors?

Many telehealth companies, particularly those with multi-state footprints, look to an independent contractor model when developing their network of physician providers. An independent contractor model (using 1099 contractors)...more

7/7/2015 - Classification Health Care Providers Independent Contractors IRS OIG Payroll Taxes Physicians Tax Liability Telehealth Telemedicine

Health Plans in Connecticut Must Cover Telehealth Services

Connecticut marks the 28th state to enact a telemedicine commercial reimbursement statute. The legislation (SB-467) was sponsored by Senators Looney, Duff, Crisco and Gerratana with twenty co-sponsor senators, and was signed...more

7/6/2015 - Health Care Providers Health Information Technologies Health Insurance Hospitals New Legislation Patients Telehealth Telemedicine

Can My U.S. Company Offer Online Second Opinions in China?

This post is the sixth in Foley’s blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the Chinese telemedicine market. As U.S. companies continue...more

5/1/2015 - China Cross-Border Healthcare Popular Telemedicine

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