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Privacy & Security Concerns in Telehealth: Ensuring Legal Compliance in...

Below is a re-print of an article that we recently wrote for the Advisory Board Company’s 2013 third quarter General Counsel Agenda. To view the original publication in the General Counsel Agenda,...

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“HIPAA-COMPLIANT” Texting of PHI: The Good. The Bad. The Ugly.

By:  Alaap Shah and Ali Lakhani   The Good:  “Hey Doc, just shoot me a text . . .” The business case supporting text messaging in a health care environment is compelling – it is mobile, fast, direct,...

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Effective Risk Management in a World of Growing Cyber Security Threats

By: Alaap Shah and Marshall Jackson Data is going digital, devices are going mobile, and technology is revolutionizing how care is delivered.  It seems to be business as usual, as your health care...

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EU Looks to Tighten Privacy Rules

One of the European Parliament’s 20 committees, the Civil Liberties Committee (“LIBE”), voted on October, 21, 2013 on a proposed EU General Data Protection Regulation. The regulation includes an...

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The EHR Donation Safe Harbor Gets New Life in 2014

By:  Alaap Shah and Marshall Jackson   With the New Year, come new protections for health care entities and individuals utilizing electronic health records (EHRs).  On December 27, the U.S. Department...

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Physician Licensure Compact and the Future of Telemedicine

A significant barrier to the interstate practice of telehealth is closer to being broken down. The Federation of State Medical Boards (FSMB) has completed and distributed a draft Interstate Medical...

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FSMB Releases Revised Draft Framework for Interstate Physician Licensure

One of the largest hurdles to the growth of telehealth—the lack of a streamlined process for obtaining physician licensure in multiple states—is one step closer to being scaled. The Federation of...

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FSMB Releases Completed Draft Framework for Interstate Physician Licensure

On September 5, 2014, the Federation of State Medical Boards, a nonprofit organization representing the 70 state medical and osteopathic boards nationwide, announced the completion of its drafting...

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The 5 Issues That Trouble Regulators When Evaluating Direct-to-Consumer...

There can be no question that telehealth has gone mainstream.  The numbers speak volumes. Telehealth companies have been able to raise almost $500 million since 2007 according to a noted venture...

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CMS Expands Telehealth Reimbursement in New Rule

Who knew?!  Buried among more than 1,000 pages of a new final rule with comment period on payments to physicians, released on October 31, 2014, the Centers for Medicare & Medicaid Services (“CMS”)...

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ATA Gets Clarification Regarding New Medicare Reimbursement Rules for Telehealth

Earlier this week, the American Telemedicine Association reported an important clarification regarding the Centers for Medicare & Medicaid Services’ (“CMS’s”) plans for expanding reimbursement for...

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A Telehealth Tutorial: The Promise of Telehealth

As telehealth grows and becomes more mainstream, all kinds of questions often arise.  They range from administrative to operational to legal issues. In conjunction with the American Hospital...

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Telemedicine Has an Unlikely Ally: The FTC

As a lawyer practicing in the telemedicine space, I am rarely surprised these days.  But every once in a while I will read or hear something that stops me in my tracks. That is exactly what happened...

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Prescribing and Telemedicine: The “Physical” Exam

As so many of you know, the barriers to the wider adoption of telemedicine are numerous.  In listening to various stakeholders in the telemedicine space over the years, I consistently hear the same...

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CMS Hosts MLN Connects National Provider Call to Review New CCM CPT Code

Providers, take note: the Chronic Care Management (CCM) CPT Code 99490 is now payable by the Centers for Medicare & Medicaid Services (CMS). Effective January 1, 2015, the Medicare program began...

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Telemedicine and Employers: The New Frontier

As we have explored a number of times on this blog, telemedicine has gone mainstream.  The more recent development is that employers seem to be paying more attention now. The numbers speak for...

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Telemedicine, State Boards and the Supreme Court

I have examined on this blog the various legal and regulatory issues implicated by telemedicine.  Many of those issues involve the practice of medicine and how state medical boards interpret state laws...

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A Call to Comment for Telemedicine Stakeholders: The Cadillac Tax

As discussed previously on this blog, employers are increasingly turning to telemedicine as a way to cut employee health care costs and improve bottom lines. The trend will be accelerated by the...

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A Telehealth Tutorial: Legal & Regulatory Issues

Hospitals and others are increasingly implementing telehealth programs as part of their service offerings. As health technology becomes more sophisticated and hospitals look to provide more services to...

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Telehealth Crash Course Webinar Series

As telehealth legal and regulatory issues continue to evolve, stakeholders need to stay current on trending issues. With that in mind, we are offering a complimentary “crash course” webinar series in...

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