Category Archives: Telemedicine

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

South Carolina Enacts New Telemedicine Law: What You Should Know

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South Carolina Governor, Nikki Haley signed the South Carolina Telemedicine Act (S.B. 1035) into law, on June 3, 2016, establishing new telemedicine practice standards in the Palmetto State. Prior to the Act, the controlling guidance was South Carolina Code § 40-47-113 and the South Carolina Board of Medical Examiners’ 2015 Advisory Opinion on Telemedicine and … Continue reading this entry

CMS Proposes New Medicare Telehealth Coding Rules

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The Centers for Medicare and Medicaid Services (CMS) issued its proposed Medicare Physician Fee Schedule (PFS) for CY 2017 on July 7, 2016. In it, CMS would require practitioners to use a new place of service (POS) code to report telehealth services. The proposed rule also includes several new covered telehealth services. If enacted, the proposed rules are … Continue reading this entry

Florida’s Telehealth Advisory Council Appointed

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Florida’s Agency for Health Care Administration (AHCA) announced, on July 27, 2016, the appointments of 13 representatives to the newly-created Florida Telehealth Advisory Council. The Telehealth Council was created through HB 7087, signed into law by Governor Rick Scott in March, largely as a fact-gathering step as the Legislature continues to consider a telehealth commercial … Continue reading this entry

AMA Adopts Ethical Guidelines for Telemedicine Providers

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At its annual meeting on June 13, the American Medical Association (AMA) adopted ethical guidelines for the use of telemedicine, affirming the organization’s support of the use of telemedicine technologies within the confines of certain ethical principles. The guidelines were adopted after several years of debate and solidify AMA’s support for providing medical care via … Continue reading this entry

Hospital Text Messaging Rules Placed on Hold by Joint Commission

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The Joint Commission, which accredits hospitals and other health care organizations, hit pause on its prior May 2016 announcement to allow secure text messaging in hospitals and other health care organizations. The use of text messaging in Joint Commission accredited organizations is delayed until September 2016. In the interim, The Joint Commission will collaborate with … Continue reading this entry

Report Warns Providers of HIPAA Violations When Responding to Negative Online Reviews

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ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances, responses to complaints about medical care turned into disputes over patient privacy.” For example, ProPublica noted consumers giving providers negative reviews on Yelp and providers … Continue reading this entry

Rhode Island’s New Law Requires Health Plans Cover Telemedicine Services

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Rhode Island marks the 31st state to enact a telemedicine commercial reimbursement statute. The Telemedicine Coverage Act (HB 7160B) was signed into law by Rhode Island Governor Gina Raimondo on June 28, 2016, representing a forward step for telehealth providers in a state that historically has held one of the lowest-rankings in the nation for telehealth … Continue reading this entry