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    Health (Telemedicine)

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  • Legal support for complex telemedicine – also known as health information technology (HIT) – health-tech transactions enabling accurate and timely domestic and international provision of internet and phone (both landline and wireless), and furthering global access to a broad range of health-related services, including: ad-tech campaigns; accounting support; back office staffing; bio-tech; call center; compliance; customer service; data security; digital content initiatives; digital infrastructure; distribution; licensing; marketing; medical device support; outsourcing; payer platform development; privacy; procurement; sales; sourcing; subscriber onboarding; supply chain; training; and, other telemedicine tasks.

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  • Representation of and against private health insurers regarding payments pursuant to state telehealth parity laws (requiring private insurers to reimburse telemedicine visits at the same rate as a comparable in-person visit), since almost all private health insurers now include telemedicine memberships and services as part of such insurers’ general wellness benefit packages for subscribers.

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  • Representation of Medicare and Medicaid patients regarding equal co-payments and reimbursements for telemedicine services, particularly in response to increased demand for telemedicine services due to COVID.

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  • Auditing of current procedural terminology (CPT) codes applicable to telemedicine services for accurate billing.

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  • Typical telemedicine practice tasks, such as: appearances at regulatory hearings related to telemedicine; applying for and processing of grants; compliance with fraud and abuse laws (such as the anti-fee-splitting laws, anti-kickback laws, Stark laws prohibiting self-referral); compliance with all applicable Federal health laws, regulations, rules and statutes; compliance with all applicable Federal Communications Commission (FCC) laws, regulations, rules and statutes (particularly as related to the use of mobile devices for telemedicine consultations); compliance with all applicable Federal Trade Commission (FTC) laws, regulations, rules and statutes; compliance with state business governance laws; compliance with state medical professional licensing and credentialing laws; consultation regarding the various corporate governance issues and corporate structure of the telemedicine business; consultation to telemedicine providers regarding legal safe harbors (such as limiting the recommendation of new and experimental medical recommendations to patients, and characterizing any recommendations as being for informational purposes only); COVID issues (such as the efficacy of a virtual positive COVID diagnosis); document management; domestic and international litigation (including ADR, arbitration, hearings and mediation);educational issues (such as allowing telemedicine consultations in school facilities without the presence of a parent); employment issues (such as agreements and corporate policies); financing; human resources issues (such as onboarding customer service representatives for a company in a foreign jurisdiction); intellectual property (such as confidentiality, infringement, non-competition, non-disclosure, non-interference, non-solicitation, trade dress, trade secrets, trademark); labor issues (such as anti-unionizing and unionizing); negotiating and drafting all agreements required for telemedicine practice – whether with accountable care organizations (ACOs), clinically-integrated networks (CINs), communications companies, data warehouses, hosting companies, healthcare facilities, health information exchanges (HIEs), health information organizations (HIOs), hospitals, independent physician associations (IPAs), internet providers, joint marketing agreements, medical groups, physician group practices (PGPs), physician-owned hospitals (POHs); particular focus on European Union (EU) issues; periodic updating of the applicable telemedicine end-user license agreement (EULA) and terms of service; procurement and management of all required insurance (including all applicable cyber insurance; records retention and management; responses to audits and investigations of telemedicine operations by regulatory agencies; risk management; risk mitigation; venture capital.

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  • Analysis of laws in all domestic and international jurisdictions in which a telemedicine company may be doing business relating to what constitutes the practice of medicine by a licensed medical professional in one jurisdiction (which could be either domestic or international – a/k/a the “home jurisdiction” ) for a patient in another jurisdiction (which could be either domestic or international – a/k/a the “remote jurisdiction” ).

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  • Experience with telemedicine startups and mergers & acquisitions (M&A).

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  • Consultation for the integration of “mHealth” solutions (seamless apps, connections and devices that allow the telemedicine user to be mobile, and thus to access the telemedicine provider from anywhere) into all telemedicine infrastructure and operations.

 

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