Telemedicine Requirements for Licensing, Scope of Practice and Reimbursement

Overcoming Multistate Regulatory Hurdles for Healthcare Providers and Facilities

A live 90-minute CLE webinar with interactive Q&A

Tuesday, November 21, 2017
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 27, 2017

This CLE webinar will provide guidance for counsel to healthcare facilities and practitioners on the requirements and exceptions for telemedicine licensing and reimbursement. The panel will offer best practices for overcoming licensing challenges and explain how providers can comply with the requirements and get paid.


One of the biggest regulatory challenges of telemedicine is licensure. For example, how does the state classify where a consult or treatment takes place? If the provider is providing a second opinion, does this fall under the same requirements? When is an in-person exam required? What are the exceptions to telemedicine licensure? Both physicians and non-physician practitioners must meet differing requirements of states in which they are consulting, diagnosing or treating patients.

Further, most providers must comply with state scope-of-practice laws. Can mid-levels provide telemedicine services? If so, to what extent must they be supervised by, or collaborate with, physicians?

Reimbursement rules add another layer of complexity to telemedicine. Medicare coverage for telemedicine services is limited by a number of restrictions. While most states’ Medicaid programs cover some telemedicine services, the rules differ widely from state to state. Also, many states have telemedicine coverage and reimbursement laws that require private payers to cover telemedicine services.

Counsel for practitioners must understand what each state requires to meet licensing, scope of practice and reimbursement requirements. In addition, counsel must be aware of myriad rules governing fee arrangements, anti-kickback and self-referral, and the corporate practice of medicine.

Listen as our authoritative panel examines regulatory requirements and challenges for healthcare providers and facilities related to licensing, scope of practice, and reimbursement. The panel will offer best practices for overcoming these regulatory hurdles.


  1. Licensing requirements and challenges
    1. Physicians
      1. Consults
      2. Diagnosis
      3. Treatment recommendations
      4. Remote prescribing
    2. Licensing exceptions
    3. Non-physician practitioners
  2. Scope of practice
  3. Reimbursement
    1. Medicare
    2. Medicaid
    3. Commercial reimbursement
  4. Business issues
    1. Corporate practice of medicine
    2. Fee splitting
    3. AKS and self-referral


The panel will review these and other key issues:

  • What are the regulatory challenges with meeting licensing requirements in multiple states?
  • What are the exceptions of telemedicine licensure?
  • What telemedicine services are covered by Medicare? By Medicaid?
  • What are the regulatory hurdles relating to anti-kickback and self-referral?


Joseph P. McMenamin, Principal
McMenamin Law Offices, Richmond, Va.

Dr. McMenamin advises clients on managing risks related to telemedicine, corporate use of the Internet, social media, communications between life science companies and physicians, compliance with FDA regulations, and Medicare reimbursement. He also focuses on prevention of personal injury and wrongful death claims arising from professional health services and products, especially those regulated by FDA. He was a practicing emergency physician before being admitted to the bar.

René Y. Quashie, Member
Cozen O'Connor, Washington, D.C.

Mr. Quashie focuses his practice on federal regulatory and administrative health care matters, including Medicare and Medicaid, privacy and security, clinical research, and telemedicine. He advises clients on regulatory compliance, reimbursement, coverage, and policy issues related to the use of telehealth, mobile health, and related information technology platforms. He also advises clients on compliance with state and federal laws affecting telehealth and e-health, including issues related to scope of practice, licensure, prescribing, and risk management.

Richard K. Rifenbark, Principal
Polsinelli, Los Angeles

Mr. Rifenbark relies on his knowledge and experience to help clients identify, avoid and resolve difficult regulatory compliance issues. He regularly advises clients on healthcare fraud and abuse laws and other regulatory issues, including the federal anti-kickback statute, stark physician self-referral law, false claims act, state licensing issues, corporate practice of medicine doctrines, and state fraud and abuse laws.

Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

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