On August 13, 2020, the American Health Law Association (AHLA) published the latest episode of the Speaking of Health Law podcast series, which offers thoughtful analysis and insightful commentary on the legal and policy issues affecting the American health care system.
In this episode—“Increasing Adoption of Telehealth and its Effect on the Health Care Sector”— Nathaniel Lacktman (Partner and Chair of Foley & Lardner’s Telemedicine & Digital Health Industry Team) and Marshall Jackson, Jr. (Partner, McDermott, Will & Emery) discuss how the Public Health Emergency waivers have accelerated the growth of telehealth companies, as well as key issues legal counsel should think about when advising virtual care companies.
Given that telemedicine companies need to comply with laws across multiple states, some of the key waivers on licensing, reimbursement, and prescribing allow mid- or early-stage telehealth companies to scale their business quickly and expand their geographic service footprint without being encumbered. Additionally, these waivers provide an opportunity to experiment and iterate, allowing companies to consider market response and consumer interest.
However, there is a caution. Eventually, the Public Health Emergency (and its associated waivers) will end, so providers who have scaled up during this period should ensure they have a strategy to remain compliant when the waivers lapse (e.g., obtaining full licensure and/or DEA registrations). Nathaniel and Marshall also discussed fraud and abuse risk assessments, and how reimbursement could change with the increased adoption of telehealth as a result of the ongoing public health emergency.
Listen to the full episode here, or on your preferred podcast streaming app.
Be sure to also check out and subscribe to Foley’s Health Care Law Today podcast series, where each episode will feature a Foley health care attorney interviewing an industry thought leader on current legal trends.
For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team Page