Our lawyers and government relations professionals navigate state and federal laws and regulations governing telemedicine practices. We provide creative solutions for the legal issues associated with e-health websites, telemedicine services and practices and other innovative forms of technology to deliver services and monitor health remotely.

We represent a wide range of e-health and telemedicine stakeholders, including hospitals, health systems, physicians, telehealth networks, disease management associations, technology vendors, and universities. We advise clients regarding online services for clinical consultations and prescriptions, including issues related to the status of the patient, physical examination, medical record retention, informed consent requirements and the establishment of a provider-patient relationship.

We also provide research, analysis and recommendations on telemedicine statutes in all 50 states, licensure at various levels of clinician participation, professional conduct and standards of care by physicians, prescribing and dispensing laws, and government and commercial reimbursement issues.

e-Health and Telemedicine

We counsel e-health and telemedicine stakeholders in a variety of areas and provide research, analysis and recommendations on telemedicine statutes. Our recent representative matters include:

  • Counseled Biotronic Neuronetwork, one of the oldest and largest providers of neurophysiological intraoperative monitoring services in the U.S., on compliance with state informed consent requirements and other telemedicine regulatory compliance issues. We also advised them on risk reduction strategies related to contracting with their hospital clients.
  • Represented a regional health system in its negotiation for use of a leading telehealth system platform, including its review of technical and operational hurdles, licensure, billing and reimbursement issues.
  • Represent a national provider of occupational health services that uses a remote call center to provide triage and other services throughout the country. We work with this client on licensure, protocol development and other regulatory matters, as well as on the means to reduce risk through appropriately structuring and documenting its programs.
  • Worked with several emerging telehealth providers, including one establishing photo booth kiosk technology to provide on-line health services in airports and other public locations, and another assessing the ability to provide nationwide dermatology services via a website. In both instances we devised the structural framework to provide these services while minimizing legal risk.
  • Performed a comprehensive 50-state survey of relevant regulatory requirements for all levels of practitioners providing telehealth consultations and online prescribing, on behalf of a national association that provides health care across state lines.
  • Provided a review of licensing requirements in seven states for telephonic nursing and pharmacy benefit management, on behalf of a population health management company.
  • Assisted a nationally renowned academic medical center with respect to its establishment of a TeleStroke Program that operates across state lines.
  • Prepared an extensive report upon request of the National Governors Association, that outlined potential changes in state laws to facilitate interstate practice of medicine utilizing advanced electronic and communications devices. The analysis included a review of physician and nurse licensure laws and credentialing practices in all 50 states.
  • Advised telehealth providers on website terms of use and privacy requirements with respect to the use and disclosure of personal health information, including health information transmitted to and through the sites.