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Tag archives: telemedicine

CMS rings in the new year with overhaul of MSSP ACOs

On December 21, 2018, CMS issued a mammoth 957 page “Pathways to Success” final rule, which overhauls shared savings/losses tracks for Medicare Shared Savings Program Accountable Care Organizations (MSSP ACOs) to push ACOs into shared risk models more quickly, among other program changes. Largely consistent with the proposed rule as we summarized here, the final … Continue reading

U.S. House of Representatives passes the Veterans E-Health and Telemedicine Support Act of 2017

On November 8, 2017, the U.S. House of Representatives unanimously passed H.R. 2123, the Veterans E-Health and Telemedicine Support (“VETS”) Act of 2017. Under current regulations, VA health care providers in good standing may practice in another state if the provider is located in a facility owned by the Federal Government; however, this does not … Continue reading

Texas Medical Board proposes new telemedicine regulations

The Texas Medical Board (“TMB”) recently proposed new telemedicine regulations (the “Proposed Regulations”). Such regulations are necessary to revise current regulations of the TMB in light of Senate Bill 1107 (“SB 1107”), which recently passed the Texas Legislature. I. Prescriptions for Medications SB 1107 required that the TMB, the Texas Board of Nursing, the Texas … Continue reading

Texas telemedicine stakeholder group recommends new rules to incorporate SB 1107

The Telemedicine Stakeholder Group met in late July 2017 and offered suggestions for revisions (“Suggested Revisions”) to the current Texas Medical Board (“TMB”) rules in light of the new SB 1107. As previously covered, SB 1107 greatly expanded the telemedicine services physicians can provide in Texas, including allowing the establishment of a physician-patient relationship in … Continue reading

US telemedicine industry players are pursuing opportunities abroad

Telemedicine has been rapidly expanding in the United States. Indeed, Texas recently passed legislation that gives Texas telemedicine providers more flexibility, including the ability to establish a physician-patient relationship in connection with telemedicine services without requiring an in-person visit. Business entrepreneurs are finding ways to expand telemedicine opportunities internationally as well. NBC News recently published … Continue reading

Texas Legislature moves to expand permissible telemedicine services in Texas

On May 11, 2017 the Texas House passed Senate Bill 1107 (“SB 1107”), which greatly expands the telemedicine services physicians can provide in Texas. SB 1107 passed the House with the support of substantially the entire House. Senate Bill 1107 was previously passed unanimously by the Texas Senate on March 29, 2017. SB 1107 must … Continue reading

FTC and DOJ side with Texas-based Teladoc

The Federal Trade Commission (“FTC”), in a joint amicus brief with the Department of Justice filed on September 9, 2016, petitioned the Fifth Circuit to dismiss the Texas Medical Board (“TMB”) appeal of the district court ruling holding that TMB regulations restricting the prescribing rights of physicians providing professional services through telemedicine may be challenged … Continue reading

Judge declines to certify order for appeal in Texas Teladoc case

On August 15, 2016, United States District Judge Robert Pitman denied the motion of the Texas Medical Board (“TMB”) to certify order for an immediate appeal of the court’s decision not to dismiss the Teladoc case.  The court previously denied the TMB’s attempt to have the case against it dismissed, which was brought by Teladoc … Continue reading

New ethical guidelines from the AMA: Telemedicine

On June 13, 2016, the American Medical Association (AMA) at its annual meeting approved new ethical guidelines for physicians providing telemedicine services, which will be incorporated in the full publication of the AMA Code of Medical Ethics this fall. Although the ethical guidelines do not place legal limitations on the provision of telemedicine for any … Continue reading

FTC Guidance for developers of mobile health apps

In the fall of 2015, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) released an online resource to assist mobile health application developers in determining whether they need to comply with the Health Insurance Portability and Accountability Act (“HIPAA”). This week, the Federal Trade Commission (“FTC”)  announced a new web-based tool … Continue reading

D.C. Health Department issued proposed regulation establishing rules for telemedicine in the district

Late last month, the Washington D.C. Health Department issued a four-page proposed D.C. municipal regulation on the practice of telemedicine. Until now, providers in Washington D.C. have relied on a policy statement on telemedicine that was issued in November of 2014.  … Continue reading

Newly introduced “CONNECT for Health Act” to expand Medicare coverage of telehealth services

If passed, the newly introduced bipartisan telehealth bill, “Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act (S. 2484),” would significantly increase Medicare reimbursement coverage for telehealth services and remote patient monitoring.… Continue reading

Federal court denies Texas Medical Board motion to dismiss Teladoc lawsuit

The Teladoc lawsuit against the Texas Medical Board (the “TMB”) regarding a rule that would require physicians to meet with patients face-to-face prior to prescribing medication will continue to move forward following a federal judge’s denial of the TMB’s request to dismiss the lawsuit. Effective October 2010, the TMB amended its telemedicine regulations, restricting the definition … Continue reading

Texas Medical Board limits telemedicine

The Texas Medical Board recently voted to place strict limits on the use of telemedicine in the state. The Board’s decision runs counter to a growing trend toward loosening restrictions on telemedicine services. Under existing Texas medical practice rules, a physician must establish a doctor-patient relationship before providing treatment to a patient. The new rules … Continue reading
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