News & Analysis as of

Telehealth

Health Care E-Note - June 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

by Foley & Lardner LLP on

Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow...more

Blog: Texas Becomes 50th State to Recognize Physician-Patient Relationship Established through Telemedicine

by Cooley LLP on

On May 27, Texas Governor Greg Abbott signed S.B. 1107 (the “Bill”), making Texas the last state in the nation to allow for the establishment of a physician-patient relationship through a virtual visit. The recently passed...more

The Changing Telehealth Landscape

by Burr & Forman on

When healthcare providers and information technology (IT) appear together in the news, it is often for less than positive reasons. The cyber security issues that have plagued everyone have not left physicians and hospitals...more

Senate Proposes Expanded Use of Telehealth

On May 18, 2017, the Senate Finance Committee voted to move forward a bill entitled the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S870), which would increase access to...more

Doc, Can You Hear Me Now? Telehealth Finally Comes of Age in Texas

by BakerHostetler on

After many years of heated and contentious debate, and opposition by the Texas Medical Association and the executive director of the Texas Medical Board, Texas has significantly revised its telemedicine statute to permit the...more

NQF Telehealth Draft Report Provides Opportunity For Stakeholders

by Cozen O'Connor on

The National Quality Forum (“NQF”) has published a draft report (“Report”) recommending various methods to measure the use of telehealth. By way of quick background, NQF is a non-profit, nonpartisan organization that seeks...more

New legislation eases the way for telehealth providers in TX and signals increasing national alignment

by Dorsey & Whitney LLP on

New legislation recently signed into law in Texas paves the way both for digital health companies to expand, particularly direct-to-consumer (D2C) companies, and also potentially heralds an era of virtual care visits on a...more

Proposed Telehealth Expansion of Medicare Reimbursement

by Baker Ober Health Law on

Telehealth continues to be a frontrunner on one strategy to achieve the triple aim, an effort to improve patient experience, population health and reduce per capita cost. To date, government reimbursement for telehealth...more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Texas Jumps on Board with Relaxed Telemedicine Practice Requirements

by Baker Ober Health Law on

Over the weekend, the Texas governor signed into law legislation which significantly relaxed Texas's previously restrictive telemedicine laws. (2017 Texas Senate Bill no. 1107)....more

Florida Board of Medicine to Hold Another Hearing on Telemedicine and Medical Marijuana Rules

by Foley & Lardner LLP on

On August 4, 2017, the Florida Board of Medicine will hold a third public hearing to discuss its proposed amendment to Florida’s telemedicine practice rules regarding medical marijuana. The Board held two prior public...more

CBO Greenlights Telehealth Provisions in Senate’s CHRONIC Care Act

Last week, the Congressional Budget Office (CBO) concluded that a key piece of telehealth legislation, the CHRONIC Care Act of 2017, would not, overall, increase or decrease Medicare spending. This score is significant as it...more

Last but Not Least, Texas Takes the Final Steps to Embrace Telemedicine

by McDermott Will & Emery on

As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been...more

“Lone Star” Joins the Rest of Nation as Texas Passes New Telemedicine Law

by Foley & Lardner LLP on

On May 12, 2017, the Texas State Legislature passed SB 1107, a law expanding the use of telemedicine in the Lone Star State. The bill is now on its way to Governor Abbot’s desk where he is expected to sign it into law....more

Texas Legislature Approves Bill Reducing Barriers for Telemedicine

by Jones Day on

The Texas legislature passed S.B. 1107 yesterday, May 18, 2017. The bill, negotiated with input from the Texas e-Health Alliance and various other stakeholder groups, expands options for health care providers utilizing...more

Telehealth Expansion Finally Comes to Texas

by Morgan Lewis on

State legislature passes bill to expand telemedicine practice. The last six years have been a wild ride for telehealth providers in Texas. When the Texas Medical Board (TMB) issued emergency rules in 2011 that required...more

Telehealth/Remote Patient Monitoring Rarely Used in Federal Health Programs, but Innovative Programs May Provide Boost, GAO...

by Reed Smith on

The GAO recently reported that fewer than 1% of Medicare and Department of Defense (DOD) beneficiaries and 12% of Veteran’s Administration (VA) beneficiaries utilized telehealth and remote patient monitoring services, even...more

Telemedicine Benchmark Study Provides Great Insight

by Cozen O'Connor on

A recent telemedicine industry benchmark survey published by REACH Health provides great insight into where the industry has been and where it is headed. The survey was conducted among U.S. healthcare executives, physicians,...more

April Showers Bring More HIPAA Settlements

April proved to be a busy month for the U.S. Department of Health and Human Services Office for Civil Rights (OCR) under its newly appointed director, Roger Severino. OCR announced three settlements of potential HIPAA...more

Class Action Initiated Against Telehealth Provider for Disclosure of Sensitive Information

A class action was filed in Fort Lauderdale, Florida this week against a national telehealth provider, MDLive Inc. (MDLive) for its mobile app’s alleged secret capture of screenshots containing sensitive patient information...more

GAO Report: Medicare Reimbursement Policies Impede Telehealth Adoption

Although telehealth has the potential to improve or maintain quality of care for Medicare beneficiaries, payment and coverage restrictions create barriers that prevent providers from fully utilizing telehealth technologies....more

Health Update - April 2017

CMS Issues Self-Referral Disclosure Protocol for Stark Law Violations - On March 28, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a new voluntary self-referral disclosure protocol (SRDP) for disclosing...more

Changes to Stabilize HealthCare.gov Have Implications for Employer Sponsored Health Plans

by Winstead PC on

We learn early on that for any action there is a reaction. On Friday, the Department of Health and Human Services released “Market Stabilization” final regulations that will impact group health plans as they plan for 2018....more

More Federal Legislation Aimed at Expanding Medicare Coverage of Telehealth Services

by McDermott Will & Emery on

Late last month, Senator Cory Gardner (R-CO) and Senator Gary Peters (D-MI) introduced Senate Bill 787, the Telehealth Innovation and Improvement Act (Telehealth Improvement Act), which is focused on expanding Medicare’s...more

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