Structuring Telemedicine Agreements for Healthcare Organizations, Physician Groups, and Practitioners

Description

To improve patient access and quality of care, and due to recent developments in technology and delivery systems, healthcare providers were increasingly using telemedicine solutions or patient clinical services provided by distant practitioners using electronic communication methods. Now, the COVID-19 pandemic has further accelerated the adoption of telehealth solutions.

As telemedicine grows, healthcare providers and counsel must carefully negotiate and structure agreements to ensure regulatory compliance, navigate the risks, provide quality care, and minimize liability. This is further complicated by the fact that multiple contracts and multiple parties are typically involved and must be viewed as a whole to address the full landscape of legal considerations.

Depending on the purpose of the telemedicine agreement, there are several issues to address in advance of any business relationship, including regulatory waivers and adjustments during COVID-19, corporate practice of medicine prohibitions, intellectual property issues, transactional matters, FDA compliance, cybersecurity insurance, patient privacy, information security, fraud and abuse concerns, and reimbursement. Further, parties to telemedicine agreements must anticipate areas of dispute and minimize potential exposure for nonperformance of obligations under a contract.

Listen as our authoritative panel of healthcare attorneys discusses drafting and negotiating telemedicine agreements on behalf of telemedicine/mobile health (mHealth) companies, healthcare organizations, physician groups, practitioners, and telemedicine end-users. The panel will discuss trends in contract negotiations, critical provisions, strategies for resolving common areas of dispute, and COVID-19 and post-pandemic contracting considerations. The panel will offer best practices for drafting telemedicine agreements.