McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTexas Changes its Tone on Telemedicine
By McDermott Will & Emery and Lisa Mazur on Jun 1, 2017
Posted In Mobile Apps, Telehealth, Text Messaging
As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been actively monitoring Texas’ approach to telemedicine regulation and the related Teladoc case. Texas has eliminated its most restrictive requirement for delivering care via telemedicine in Texas,...
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More Federal Legislation Aimed at Expanding Medicare Coverage of Telehealth Services
By McDermott Will & Emery, Dale C. Van Demark, Lisa Mazur and Marshall E. Jackson, Jr. on Apr 11, 2017
Posted In Consumer Protection, Data Privacy, General Interest, Telehealth
Late last month, Senator Cory Gardner (R-CO) and Senator Gary Peters (D-MI) introduced Senate Bill 787, the Telehealth Innovation and Improvement Act (Telehealth Improvement Act), which is focused on expanding Medicare’s currently limited coverage of telehealth services and opportunities for innovation. The Telehealth Improvement Act would require the Center for Medicare and Medicaid Innovation (CMMI)...
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Utah Provides Structure to Telehealth, Expands Access to Mental Health in Proposed Bill
By McDermott Will & Emery, Lisa Mazur and Marshall E. Jackson, Jr. on Mar 13, 2017
Posted In General Interest, Telehealth
Utah is one of the many states that started off 2017 with proposals to change its existing telehealth laws and regulations. Proposed Utah HB 154 (the Proposed Bill), endorsed by Ken Ivory and Allen Christensen, amends the regulatory infrastructure for telehealth, with a focus on mental health. Two of the key components of the Proposed...
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Texas to Take a Leap Forward in Telehealth – A Proposed Bill Drops the Controversial In-Person Evaluation Requirement
By McDermott Will & Emery, Dale C. Van Demark, Lisa Mazur and Marshall E. Jackson, Jr. on Mar 9, 2017
Posted In General Interest, Telehealth
Texas telehealth requirements will significantly change in the near future if Texas Senate Bill 1107 is passed into law, as it removes the controversial “face-to-face” or in-person consultation requirement to establish a physician-patient relationship and lawfully provide telehealth and telemedicine services within the state. This bill comes after a six-year-long battle between telemedicine stakeholders and...
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Arkansas is at it Again! Telemedicine Regulation in Arkansas Undergoes Additional Change
By McDermott Will & Emery, Lisa Mazur and Marshall E. Jackson, Jr. on Mar 6, 2017
Posted In Telehealth
Arkansas currently has one of the most restrictive telemedicine environments in the country, and was one of the last states to require an in-person examination to form a provider-patient relationship. Prior to September 2016, Arkansas telemedicine laws required an initial in-person encounter to establish a valid physician-patient relationship. In September 2016, the state expanded the...
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Digital Health Solutions are Key to Success under Health Care Payment Innovations
By McDermott Will & Emery, Bernadette M. Broccolo and Lisa Mazur on Dec 20, 2016
Posted In General Interest, Mobile Apps, Telehealth
Digital health—the intersection of health care related software applications, analytical tools, medical device technology and electronic data assets that are enabled and achieved through the use of the internet and hand-held devices—is empowering the innovation needed to meet the imperative for a transition from payment based on volume to payment based on value that is...
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Digital Health’s Perfect Storm of Regulators
By McDermott Will & Emery, Bernadette M. Broccolo and Lisa Mazur on Dec 19, 2016
Posted In General Interest, Telehealth
Both developers and users of digital health solutions face both immense opportunities and daunting challenges. One key challenge is compliance with the often complex state and federal laws and regulations adopted by the numerous regulatory bodies responsible for overseeing different aspects of digital health. The following illustration identifies the numerous regulatory bodies that have been...
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Congress Continues to Focus on Integrating Telehealth Solutions into Healthcare Delivery
By McDermott Will & Emery, Lisa Mazur and Marshall E. Jackson, Jr. on Dec 7, 2016
Posted In Telehealth
On December 6, 2016, the House passed the Expanding Capacity for Health Outcomes Act (S. 2873) (the ECHO Act), which was unanimously passed by the Senate on November 29, 2016. The ECHO Act seeks to expand the use of health care technology and programming to connect underserved communities and populations with critical health care services....
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FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule
By McDermott Will & Emery, Ashley Fischer, Lisa Mazur and Marshall E. Jackson, Jr. on Sep 15, 2016
Posted In General Interest, Mobile Apps, Telehealth
On August 3, 2016, the Federal Trade Commission (FTC) staff submitted public comments regarding the Delaware Board of Occupational Therapy Practice’s proposed regulation for the provision of occupational therapy services via telehealth in Delaware (the Proposed Regulation). The FTC’s comments to the Proposed Regulation follow its comments to Alaska’s telehealth legislation earlier this year and evidence its...
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The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk
By McDermott Will & Emery, Amy C. Pimentel and Michael G. Morgan on Sep 6, 2016
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to provide organizations on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data...
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