Category Archives: Telemedicine

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Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording

telehealth
Vermont health care providers and patients can now enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Vermont Governor Phil Scott signed S. 50 into law on June 7, 2017, expanding commercial coverage and payment parity in the Green Mountain State by requiring Vermont Medicaid and private health plans to pay for telemedicine … 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

Key Takeaways from Oklahoma’s New Telemedicine Law

Oklahoma
Oklahoma Governor Mary Fallin recently signed into law SB 726, establishing new telemedicine practice standards, including explicitly allowing doctors to create valid physician-patient relationships via telemedicine without an in-person exam. The new law is effective November 1, 2017. The bill creates a new section in the Oklahoma Code (Sections 478 and 478.1 of Title 59). … Continue reading this entry

Michigan Telemedicine Prescribing and Controlled Substance Laws

Michigan
Michigan Governor Rick Snyder, recently signed into law SB 213, clarifying that health professionals in Michigan may prescribe controlled substances via telemedicine without an in-person examination. The law reverses a 2016 telehealth bill that prevented providers from prescribing controlled substances via telehealth technologies.… Continue reading this entry

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

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 providers to prescribe controlled substances via telemedicine without an in-person examination, albeit with some notable limitations and restrictions. The law reverses Indiana’s … Continue reading this entry

Florida’s New Medical Marijuana Law: What Physicians and Entrepreneurs Need to Know

florida
The Legislation implementing the medical marijuana amendment Florida voters approved last fall is on its way to the Governor.  On June 9, 2017,  during a special session, the Florida Legislature passed SB 8A and SB 6A, implementing Article X, section 29 of the Florida Constitution.  Florida Governor Rick Scott is expected to sign both bills … Continue reading this entry

Florida’s New Medical Marijuana Law and Telemedicine Exams

Following a special session, the Florida Legislature on June 9, 2017 passed two important bills regarding medical marijuana in the Sunshine State: SB 8A and SB 6A. Together, these bills implement Article X, section 29 of the Florida Constitution, which was added after voters approved Amendment 2, expanding the medical use of marijuana for qualifying … Continue reading this entry

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

florida
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 hearings, after which it delayed implementation of the rule for further consideration.… Continue reading this entry

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

Texas
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.  Specifically, SB 1107 changes prior Texas law and now allows physicians in … 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

Ohio Telemedicine Prescribing and Controlled Substances Laws

The Ohio Medical Board just last week adopted new rules for telemedicine prescribing of drugs and controlled substances, allowing providers to prescribe drugs via telemedicine without conducting an in-person examination.  Effective March 23, 2017, the new rule 4731-11-09 and rule 7331-11-01 set forth the requirements a physician must follow when prescribing via telemedicine in Ohio.… Continue reading this entry

New Resources for Telehealth Chronic Care Management (CCM) Rules

Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers
More good news for hospitals, health care providers, and entrepreneurs interested in telehealth and Chronic Care Management (CCM).  CMS just recently introduced a new educational initiative called Connected Care: the Chronic Care Management Resource.  The initiative is designed to raise awareness of the benefits of CCM services for Medicare beneficiaries with multiple chronic conditions and … 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

Florida Board of Medicine Hearing on Telemedicine and Medical Marijuana

The Florida Board of Medicine will hold a public hearing on February 3, 2017 to discuss its proposed amendment to Florida’s telemedicine practice rules.  The proposed amendment, published December 8, 2016, is intended to clarify that physicians may not order medical cannabis or low-THC cannabis via telemedicine.… Continue reading this entry

The Joint Commission Bans Text Messaging for Patient Care Orders

Telemedicine
The Joint Commission, which accredits hospitals and other health care organizations, recently announced it will not permit hospitals and other health care organizations to use secure text messaging platforms to transmit orders. The announcement is the most recent in a back-and-forth series of guidance statements regarding the use of secure messaging in hospitals and other … Continue reading this entry

Top 5 Takeaways from New Michigan Telehealth Law

Michigan is ringing in 2017 with a new telehealth law. Governor Rick Snyder signed into law SB 0753 on December 21, 2016, imposing new telehealth practice standards, including restrictions on prescribing controlled substances via telemedicine. The new Michigan telemedicine law will take effect March 21, 2017 (a 90-day delay from signature to effective date).  Previously, … Continue reading this entry

Wisconsin Issues New (and Improved!) Telemedicine Rules

Following a public hearing last month, the Wisconsin Medical Examining Board approved new rules for the practice of telemedicine.  The rules differ notably from its first set of rules proposed in 2015 and considered at a public hearing in January 2016.  After receiving criticism on its first set of rules, the Board withdrew them for … Continue reading this entry

Medical marijuana might be legal, but you won't get a prescription this way

Below is an article that originally appeared in the South Florida Business Journal, featuring Foley Partner, Nate Lacktman. The Florida Board of Medicine proposed on Dec. 8 a regulation that will, at least for the foreseeable future, divert the paths of two industries emerging into Florida’s business mainstream: medical marijuana and telemedicine. It’s been proposed … Continue reading this entry

Florida: No Telemedicine Exams for Medical Marijuana

The Florida Board of Medicine issued a proposed amendment, on December 8, 2016, to its telemedicine regulations to clarify that physicians may not order medical cannabis or low-THC cannabis via telemedicine. The Board’s current telemedicine rules were originally issued in the Spring of 2014. The amendment would add a new Section (5) to the Standards for Telemedicine … Continue reading this entry

Update: Arkansas (Again!) Medical Board Approves Telemedicine Rules

Author’s note: Yesterday’s post included a reference to an “originating site” definition under Regulation 38.  This post below corrects that reference, noting how the proposed regulation does not change the statutory definition of originating site. The Arkansas State Medical Board on Thursday voted unanimously to pass Regulation 38 establishing key definitions for telemedicine practice in the … Continue reading this entry

New Federal Telemedicine Grants Announced; Florida Not Listed

The U.S. Department of Agriculture just announced new grant funding awarded to seven telemedicine and 11 distance learning projects across 16 states to use technology to expand access to health care, substance misuse treatment, and advanced health education opportunities. The USDA’s Distance Learning and Telemedicine (DLT) program awarded more than $4.7 million this year, adding … Continue reading this entry

Arkansas' New Telemedicine Rules a Small Step Forward

The Arkansas Legislative Council’s Rules and Regulations Subcommittee approved, on August 16, 2016, proposed regulations which, if accepted by the Arkansas Legislative Council, will remove some restrictions on telemedicine providers in a state that enjoyed the lowest ranking among all states in the American Telemedicine Association’s most recent report. Currently, Arkansas Code 17-80-117, enacted in April 2015, … Continue reading this entry

Missouri Governor Signs New Telemedicine Law

Missouri’s governor signed into law SB 579 (the “Act”), on June 8, 2016, establishing new telemedicine practice standards, including explicitly allowing a valid physician-patient relationship to be established via telemedicine. Here is a summary of the Act’s key provisions:… Continue reading this entry