Nathaniel Lacktman

Nathaniel Lacktman

Foley & Lardner LLP

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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 Information Technologies Healthcare Healthcare Providers 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 Information Technologies Health Insurance Healthcare Healthcare Providers 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 Information Technologies Healthcare Healthcare Providers 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 Healthcare Healthcare Professionals Healthcare Providers 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 Healthcare 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 Information Technologies Healthcare Healthcare Providers 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 Healthcare 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

Does the "Doc Fix" Bill Help Telemedicine and Telehealth?

In a word: yes. Telemedicine was one of the many beneficiaries of changes introduced by the so-called “doc fix” bill, formally titled the Medicare Access and CHIP Reauthorization Act (H.R. 2). The legislation was passed by...more

4/21/2015 - Healthcare Medicare Access and CHIP Reauthorization (MACRA) Physician SGR Formula Physicians Telehealth Telemedicine

China Telemedicine Tackles Long Term Care: Business Opportunities and Government Guidance

This post is the fifth 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. A China government policy...more

3/16/2015 - China Healthcare mHealth Popular Telemedicine

DME Suppliers, Get More Information on Your Medicare Appeals

A new Office of Medicare Hearings and Appeals (OMHA) website offers intel on reimbursement appeal status, but does little to speed up the appeal process or eliminate the current backlog. It does, however, provide useful...more

3/12/2015 - Administrative Appeals Durable Medical Equipment Healthcare Medicare OMHA Suppliers

Do You Really Know Your China Telemedicine Partners? China Anti-Corruption Effort Focuses on Major Medical Institutions

This post is the fourth 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....more

2/25/2015 - China Healthcare Telemedicine

China Unveils Plans for National Telemedicine Network

This post is the third 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. We continue to work with...more

2/19/2015 - China Healthcare Telemedicine

Texas Torches Telemedicine? Board Issues Emergency Rule

The Texas Medical Board issued an Emergency Rule with proposed changes to the practice standards and disciplinary guidelines for remote prescribing via telemedicine consults. The Emergency Rule states that the use of online...more

1/23/2015 - Electronic Prescribing Emergency Rule Healthcare Physicians Prescription Drugs Telemedicine

Look at What New York Did With Telemedicine to Bring in the New Year

It’s party time in the Big Apple as New York becomes the 22nd state to enact a telemedicine commercial reimbursement statute. The legislation was sponsored by Senator Catharine Young (R) and signed into law by New York...more

1/9/2015

Three Key Components to Physician Buy-In for Telemedicine

It appears some people believe physicians are slow adopters to new avenues of health care delivery. Our recent survey of senior-level health care executives identified securing physician support as their second largest...more

12/9/2014 - Healthcare Physicians Telemedicine

Florida, No Grants For You!

In November 2014, the federal government’s Distance Learning and Telemedicine (DLT) program awarded over $10 million in grants to support telemedicine and rural health research. The list of 65 DLT grant recipients included...more

12/5/2014 - Distance Learning Federal Grants Health Insurance Healthcare Rural Health Care Program Rural Health Care Providers Telemedicine

Does Telemedicine Matter? Yes!

Technology pervades every sector of our economy, and certainly has impacted the health care industry. One example is telemedicine. Telemedicine has the potential to exponentially expand a provider’s geographic footprint,...more

12/1/2014 - Health Care Providers Healthcare Physicians Technology Telemedicine

Telemedicine Technology: Tackling Rural Health Care Challenges

In honor of National Rural Health Day on November 20, it’s important to recognize the challenges — and opportunities — facing health care providers in delivering the highest quality care to rural populations. Our recent...more

11/24/2014 - Health Care Providers Healthcare Rural Health Care Program Telemedicine

Will the Mid-Term Elections Help Telemedicine Reimbursement?

Our recent survey of senior-level health care executives reinforced that lack of reimbursement remains the primary barrier to providers in adopting telemedicine services. Of our respondents, 41 percent indicated that their...more

11/19/2014 - Health Care Providers Pending Legislation Reimbursements Telemedicine

2014 Telemedicine Survey Executive Summary

Technology has influenced nearly every sector of the economy, and the health care industry is following suit. Among telemedicine’s many benefits are the potential to exponentially expand a provider’s geographic footprint, use...more

11/12/2014 - Healthcare Mobile Devices Telemedicine

Does the Medicare Telehealth Parity Act of 2014 Stand a Chance?

“Telehealth saves money and helps save lives. By expanding telehealth services, we can make sure the best care and the best treatments are available to all Americans, no matter where they live.” With those words, Rep....more

10/13/2014 - American Telemedicine Association Healthcare Medicare Proposed Legislation Telemedicine

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