Category Archives: Digital Health

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Telemedicine Investors Roundtable Focuses on Progress, Barriers, and ROI

medicaid
As telemedicine continues to see significant traction, health care organizations are working to implement telemedicine programs and  create technology infrastructures all while working within the current legislative requirements. Foley & Lardner LLP and Ziegler recently had an opportunity to sit down with 15 leaders in telemedicine to discuss the progress, barriers, and return on investment … Continue reading this entry

Medicare Proposes (and Rejects) New Telehealth Services for 2019

The telemedicine industry was pleased to learn CMS recently proposed adding new services to its list of Medicare-covered telehealth services.  But what may be more interesting are the services CMS declined to add, and why.  This article summarizes the newly-proposed additions as well as the services CMS rejected, explores some reasons for CMS’ decisions, and … Continue reading this entry

Medicare’s New Chronic Care Remote Physiologic Monitoring Codes: Everything You Need to Know

remote monitoring
Earlier this year, in a first-of-its-kind move, CMS made remote patient monitoring (RPM) a separately-reimbursable service under Medicare.  Now, CMS has proposed three new codes for RPM services, retitled “Chronic Care Remote Physiologic Monitoring,” which do a far better job reflecting how providers can more effectively and efficiently use RPM technology to monitor and manage … Continue reading this entry

Massachusetts Telehealth Legislation Paves Way for Sweeping Changes

Massachusetts
The Massachusetts House of Representatives has passed sweeping telehealth legislation, accompanying a companion bill passed by the Senate in November 2017.  While Massachusetts is often considered a leader in health care innovation, the Commonwealth has not enacted significant legislation in this area for several years, and is among the minority of states without a meaningful telehealth insurance coverage … Continue reading this entry

Medicare’s New Virtual Care Codes: A Monumental Change and Validation of Asynchronous Telemedicine

The Centers for Medicare and Medicaid Services just issued a proposed rule introducing monumental changes to the physician fee schedule, paving the way for asynchronous telemedicine and new technologies through a new set of virtual care codes.  CMS explained the impetus for the bold changes, declaring: “We now recognize that advances in communication technology have … Continue reading this entry

Delaware’s New Telemedicine Rules: Top Four Changes to Know

Delaware
The Delaware Board of Medicine recently enacted new regulations pertaining to telemedicine and telehealth. As we previously reported, the new regulations are intended to clarify the language in Delaware’s Medical Practice Act, which imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an … Continue reading this entry

New Connecticut Law Allows Telemedicine Prescribing of Controlled Substances

Connecticut
Connecticut has taken another step towards expanding the meaningful use of telemedicine in connection with treatment of mental health and substance use disorders.  SB 302, signed by Governor Dannel Malloy and effective July 1, 2018, allows providers to prescribe controlled substances via telemedicine for the treatment of psychiatric disabilities or substance use disorder, including medication … Continue reading this entry

OIG Report: CMS Paid Practitioners for Telehealth Services That Did Not Meet Medicare Requirements

medicaid
The Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) just published a new report on OIG’s review of Medicare payments for telehealth services. The objective of the OIG review was to determine whether or not CMS paid practitioners for telehealth services that met Medicare requirements. The report concluded that, of the sampled claims … Continue reading this entry

Sharing and Mining Patient Data in Digital Health and Telemedicine: Laws You Need to Know

data mining
The use of new technologies such as digital health applications, telemedicine, and information exchanges can provide game-changing benefits for providers and patients alike.  However, with increased sharing comes increased risks to both the security and the privacy of patient information.  Most digital health and telemedicine companies are aware of data security and breaches.  However, an … Continue reading this entry

10 Tips for Complying with Georgia’s Telemedicine Laws

Georgia
On January 22, 2018, the Georgia House of Representatives adopted a Resolution recognizing telehealth as an important tool to improving access to health care in Georgia. One week later, the Georgia Senate recognized January 30, 2018, as Telehealth Day at the State Capitol. The Peach State clearly remains an enthusiastic pioneer in its use of … Continue reading this entry

Ten Things To Know About Maryland’s Proposed Telehealth Rules

medicare telehealth
The Maryland Board of Physicians evaluated, then tabled for further consideration, a set of new telehealth rules designed to expand the opportunities for hospitals and providers to deliver virtual care services in Baltimore and throughout the State.  The Board held a public hearing on January 24, 2018 to review proposed telehealth rules originally issued late … Continue reading this entry

Digital Health Care Investors Summit Highlights Digital Health Expansion

digital health
In early December, leading experts in digital health and telemedicine came together at the Digital Health Care Investors Summit hosted by Foley & Lardner LLP and Deloitte. The Summit explored innovations in digital health care technology that help promote continuity of care and increase patient access to health care services.… Continue reading this entry

New OIG Project Expands Telemedicine Audits to State Medicaid Programs

medicaid
Following on the heels of its plans to review Medicare payments for telehealth services, the federal Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) just announced a new project to review state Medicaid payments for telemedicine and other remote services. Accordingly, providers who bill state Medicaid programs for telemedicine, … Continue reading this entry

Telemedicine Rules in D.C. Get Second Draft

telemedicine rules in D.C.
Telemedicine rules in the District of Columbia underwent a second round of revisions as the District of Columbia Department of Health issued a new set of proposed rules . The newly-revised proposed telemedicine rules, issued in July, replace the Department’s first draft of telemedicine regulations issued in early 2016, and incorporate comments submitted by a number … Continue reading this entry

Telehealth Services in Nebraska Get a Boost

Telemedicine Services in Nebraska
Telehealth services are now required to be covered by health plans in the Cornhusker State. Nebraska telemedicine providers, entrepreneurs, and patients can enjoy telehealth insurance coverage, joining the national majority. Championed earlier this year by Nebraska Senator Mark Kolterman (R) as LB92 and signed by Governor Pete Ricketts (R) in late April, the new law … Continue reading this entry

Joint Commission Introduces New Accreditation Standards for Telehealth Services

Editor’s note:  Following publication of our blog post, The Joint Commission contacted Health Care Law Today on September 14, 2017 and informed us it will not move forward at this time with its proposed ambulatory telemedicine standards. The Joint Commission said it continues to evaluate options, and additional comments may be sent to Mary Brockway, … Continue reading this entry

Participate in Foley’s Telemedicine & Digital Health Survey

As readers of Health Care Law Today, we would very much value your feedback to our Telemedicine & Digital Health Survey. The survey should take no longer than 10 minutes to complete and individual survey responses will be kept confidential. To participate, click here or paste the following link into a web browser: https://research.zarca.com/r/dhif3e… Continue reading this entry

Medicare Payments for Telehealth Increased 28% in 2016: What You Should Know

Telehealth providers can celebrate another successful year of growth, as CMS reported a 28% increase over total 2016 payments for telehealth services under the Medicare program. Providers continue to successfully integrate telehealth services into their traditional health care delivery approaches, and are realizing payment opportunities both within the Medicare FFS program and in other sources … Continue reading this entry

Alaska’s Telemedicine Business Registry: What You Need to Know

telemedicine business registry
Alaska’s Department of Commerce, Community, and Economic Development has finalized new regulations to create a special Telemedicine Business Registry for health care providers delivering telemedicine services in the Frontier State. The regulations in Title 12, Chapter 02 of the Alaska Administrative Code were effective on April 28, 2017 and implement provisions of Alaska SB 74 … Continue reading this entry

OIG to Audit Medicare Telehealth Services: What You Need to Know

medicare telehealth
For what may be the first time, the Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) recently announced a new project to review Medicare payments for telehealth services. Accordingly, providers who bill the Medicare program for telehealth services may expect to have those claims reviewed to confirm the patient … Continue reading this entry

Is Telemedicine Change Coming to Congress? The Medicare Telehealth Parity Act of 2017 Among Several New Federal Bills

Congress is reconsidering a nationwide telehealth coverage bill, named the Medicare Telehealth Parity Act of 2017, designed to introduce an incremental, though significant, expansion of coverage for telehealth services under the Medicare program. The bipartisan Act is sponsored by Representative Mike Thompson (D-CA), with seven co-sponsors to date (four Republican, three Democrat). If enacted, the … Continue reading this entry

Prescribing Controlled Substances Without an In-Person Exam: The Practice of Telemedicine Under the Ryan Haight Act

Editor’s Note: This article is the second in a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established healthcare providers, hospitals, and entrepreneurs alike. The first article addressed federal rules for prescribing controlled substances under the Ryan Haight Act.  Subsequent articles will discuss the prescribing … Continue reading this entry

Telemedicine Prescribing and Controlled Substances Laws

Editor’s Note: This article is the first of a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established health care providers, hospitals, and entrepreneurs alike. As providers become more comfortable with delivering care via telemedicine, telehealth, and digital health technologies, some are exploring services beyond … Continue reading this entry

Key Takeaways From FHA’s Health Law Summit

Foley recently co-hosted the Florida Hospital Association’s (FHA) 2017 Health Law Summit, which brought together more than 40 in-house attorneys and compliance officers from FHA member hospitals to discuss the current state and future direction of the health care industry.… Continue reading this entry