Navigating Key Telehealth Regulatory Issues
Corporate Practice of Medicine, Corporation Structures, Licensure, Prescribing Controlled Substances, HIPAA, Fraud and Abuse
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide healthcare counsel with an overview of key healthcare regulatory issues arising in telehealth. The panel will discuss corporate practice of medicine limitations; friendly professional corporation structures; licensure issues related to interstate practice; issues related to prescribing controlled substances via telehealth; fraud and abuse risks; and HIPAA compliance.
Outline
- Limitations on the corporate practice of medicine
- Setting up and scaling a friendly PC structure
- Licensure and interstate practice
- Telehealth and prescribing controlled substances
- Telehealth and fraud and abuse
- HIPAA compliance issues for telehealth companies
Benefits
The panel will review these and other relevant issues:
- What are the limitations on the corporate practice of medicine?
- How do you set up and scale a compliant “friendly PC” structure?
- What are the licensure requirements related to interstate practice via telehealth?
- What is the current status of the law related to prescribing controlled substances via telehealth?
- What are the key fraud and abuse risks related to telehealth?
- What are the key HIPAA risks that telehealth companies should be aware of?
Faculty
Roger A. Cohen
Partner
Goodwin Procter
Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services,... | Read More
Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services, life sciences, and healthcare IT clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure and certification. Mr. Cohen’s experience also includes extensive work on healthcare transactions, with deep experience assisting clients in transactions involving and providing counsel to health IT companies such as telemedicine providers and electronic health record, mobile health (mHealth), and digital health companies. In addition to his transactional work, Mr. Cohen has a long track record of successfully representing healthcare and life science clients in government investigations and litigation. Mr. Cohen is a Visiting Instructor at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law and is a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law.
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Jonathan M. Joseph
Partner
Christian & Barton
Mr. Joseph focuses his practice on healthcare transactions, managed care, and HIPAA compliance and... | Read More
Mr. Joseph focuses his practice on healthcare transactions, managed care, and HIPAA compliance and investigations. He assists clients with drafting physician contracts and review of physician employment agreements, and also advises clients on medical staff issues; telemedicine and electronic health record and data breach issues; Virginia Board of Medicine investigations and hearings and orders; Medicare and Virginia Medicaid, Managed Care Organizations, provider contracting, reimbursement, and audit and appeal issues; and Virginia Department of Health Certificate of Need matters. Mr. Joseph leads the firm's Health Care practice group and is a member, and former chair, of the Virginia Bar Association Health Law Section Council. In addition, he is a former adjunct professor of health law for the Master of Health Administration program at Virginia Commonwealth University.
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Jeremy D. Sherer
Partner, Co-Chair Digital Health Task Force
Hooper Lundy & Bookman
Mr. Sherer specializes in digital health matters. He counsels healthcare providers and suppliers, including hospital... | Read More
Mr. Sherer specializes in digital health matters. He counsels healthcare providers and suppliers, including hospital systems, provider organizations, national telehealth platforms and digital health startups on issues involving regulatory compliance, transactions and innovative business arrangements. Mr. Sherer’s digital health experience includes counseling clients on state-level scope of practices issues (e.g., licensure, informed consent, practitioner-patient relationship establishment), Medicare, Medicaid and commercial reimbursement, corporate practice of medicine issues and e-prescribing (including controlled substances), as well as healthcare technology transactions. He also advises clients on compliance with fraud and abuse laws, including federal and state anti-kickback and self-referral laws, provider contracting, value-based care, and regulatory compliance issues. Mr. Sherer frequently speaks on digital health matters across the country and is a member of the Legal Resource Team at the Center for Telehealth and e-Health Law.
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