Emily H. Wein is of counsel and a health care lawyer with Foley & Lardner LLP, and member of the firm’s national Telemedicine & Digital Health Industry Team. Emily understands and identifies with the business and strategic goals of virtual care and digital health companies. She delivers practical legal guidance molded to accomplish each individual client’s unique operational goals. Emily works with a diverse bench of organizations – including large interdisciplinary hospital systems, skilled nursing facilities, multi-state clinical practices, and fast-moving entrepreneurs. Emily’s energy and enthusiasm mirrors that of her health innovation clients where she consistently drives to improve some of the most important and unmet health needs in the industry today, particularly women’s health, substance use disorder, mental health, and preventative wellness.
“Foley’s Telemedicine & Digital Health Industry Team has been recognized by Chambers USA: America’s Leading Business Lawyers, which states: “Commentators describe the firm as ‘a market leader in telemedicine issues.’ ‘This is the Dream Team.’ ” (Florida, 2020).
Emily wields notable depth on advising telemedicine and digital health clients on the highly technical, traditional healthcare regulatory issues of Medicare and Medicaid enrollment, fraud and abuse, billing and coding, interjurisdictional claims submission and reassignment, compliance with Conditions of Participation, and medical staff credentialing and privileging.
Having earned both a law degree and an MBA, Emily understands the importance of practical business perspectives while maintaining that sense of urgency essential to the success of any innovative health technology offering. Whether an emerging start-up entrepreneur with a novel or breakthrough idea, or an established health system with many constituents to align, Emily works efficiently and effectively to meet the distinctive requirements of each organization. Additionally, she spent five years as in-house counsel at a nationally-known academic medical center health system, where she led the development of its virtual care service programs, including tele-stroke and tele-cardiology, and had primary legal responsibility for fraud and abuse compliance of all Medicare enrollment and physician-hospital contracting arrangements.
- Original member of the Clear Health Quality Institute’s Telehealth Accreditation Standards Committee, where she helped develop the standards and requirements for telehealth companies seeking CHQI accreditation.
- Helped create the Maryland Telehealth Alliance; a mission-driven organization to advance telehealth law in the State of Maryland. She serves as its Chief Legal Officer.
- Serves on the Advisory Board of Nest Collaborative, a telehealth provider specializing in women’s and pediatric services.
- Co-authored The Telehealth Law Handbook: A Practical Guide to Virtual Care.
Selected, representative matters include:
- Telehealth-Based Substance Use Disorder Treatment. Foley helped an emerging digital health company involved in the treatment of opioid use. The advice included determining substance use disorder licensing requirements, controlled substance prescribing limitations, and nurse practitioner scope of practice, supervision requirements, and prescribing authority across multiple states. The work helped the company strategically determine potential market entry points for successful launch.
- Remote Patient Monitoring and Clinical Staff. Foley worked with several digital health companies offering remote patient monitoring services develop their corporate structure in various states. The work included advising on billing considerations along with nurse practitioner, nurse, certified nurse assistant, licensed vocational nurse, and medical assistant scope of practice and supervision requirements. The work allowed the company to comply with regulatory requirements while providing a scalable, affordable staffing model for RPM.
- School-Based Telehealth and Medicaid Enrollment. Foley advised a school-based telemedicine program offering telehealth services across multiple states, without any brick and mortar locations, on the requirements for enrolling in Medicaid programs. The work allowed the company to create a corporate structure that fit within its strategic growth plan and adhered to state laws and payer requirements.
- Direct to Consumer Tele-veterinary Service. Foley advised a pet pharmacy on options for direct to consumer virtual veterinary prescription offerings. The work involved advising on states’ corporate practice of veterinary medicine prohibitions, establishing veterinarian-client-patient relationship, and fraud and abuse concerns. The pharmacy was able to evaluate its corporate structure in compliance with various federal and state requirements.
- Academic Medical Center Telemedicine Programs. Assisted an academic medical center within a large multi-hospital health system to prepare and negotiate telemedicine service agreements with affiliated and nonaffiliated originating site hospitals. The geography covered both rural and urban areas. The work involved education on delegated credentialing, privacy and security considerations when integrating EMRs, and the strategic structuring of the contract. It allowed the client to articulate expectations and lay the foundation for what became a highly successful tele-stroke and tele-cardiology service.
- Virtual ICU Staffing Company. Assisted start-up company offering a virtual ICU staffing service to draft its model contract with hospital customers and business partners. The work included verification of corporate practice of medicine requirements, development of a competitive compensation structure that aligned both the clients and their business partners’ goals while maintaining compliance with the federal fraud and abuse laws. It provided the client with a took that could be efficiently modified for, and expedite negotiation with, each potential client.
- Asynchronous Telehealth Wellness Company. Advised a company offering telehealth-based wellness services via asynchronous data compilation and interactive consults. The work included analysis on whether or not the wellness services fell within the scope of professional licensure requirements in the phase 1 target states. It allowed the client to refine its telehealth model to accurately and effectively publicly promote its services while staying within the appropriate scope of practice requirements.
- Digital Health Crisis and First Responder Service. Represented a start-up venture funded crisis prevention provider offering direct to consumer services to supplement first responder care in the community. The work included advice regarding various state telehealth licensing laws, scope of practice, licensure, payer reimbursement and HIPAA compliance. It allowed the client to collaborate with county and local EMS providers and to generally be the first of its kind to market.
- Nationwide Hospital System Direct to Consumer Telehealth Negotiations. Advised one of the largest, nationwide hospital systems to negotiate its first direct to consumer telemedicine offering. The work included addressing nuances of operations to account when the service was staffed by employees and third party contractors engaged by the telehealth vendor. The work also involved drafting and negotiation of the overall telehealth services agreement, the software as a service (SAAS) licensing agreement, and the delegated credentialing arrangement. The work helped the hospital system achieve its strategic business goals and maintain compliance with federal fraud and abuse, HIPAA, and medical staff bylaw requirements.
- Tele-Lactation Women’s Health Company. Advised a start-up women’s health company offering telehealth-based lactation services. The company provides lactation support services through interactive remote consultations and digital health technology. The work included business strategy for client engagement of both health plans and institutional providers, as well as advice on the application of state laws on virtual lactation services. It allowed the client to thoughtfully prioritize the influx of business opportunities to create a scalable plan for expansion.
- Medicare/Medicaid Enrollment for Multi-State Telehealth Group. Assisted a provider group offering telehealth services across multiple states, coupled with brick and mortar locations, to enroll in both Medicare and state Medicaid programs. Advice included enrollment, multiple national provider identifiers (NPIs), and interjurisdictional claims submission. It allowed the client to create a corporate structure that fit within their strategic growth plan in compliance with the state and payer requirements.
Emily speaks and writes frequently on telemedicine and digital health law, including the following recent selections:
- “CMS’ New Proposed Telehealth and Virtual Care Services for 2020,” American Telemedicine Association (August 2019)
- Teledentistry 2019 Symposium, American Teledentistry Association (June 2019)
- “19 Telehealth Trends for 2019,” Rhinogram (January 2019)
- “Telemedicine Legal Issues in Wisconsin and Beyond,” Wisconsin Hospital Association Member Forum (December 2018)
- “Accreditation Standardizing Telemedicine to Achieve Market Group: Legal, Clinical and Programmatic,” Center for Telehealth and eHealth Law Summit (December 2018)
- "Telehealth on the OIG Radar and Legislative Docket," Bloomberg (June 2018)
- "Opioid Legislation May Expand Telehealth Coverage," Law360 (May 2018)
- "Going Online: Overview of Key Issues in Telehealth," Maryland State Bar Association Health Law Section (April 2018)
- "Telehealth on Trial - Telehealth and Adherence to the Standard of Care," Mid-Atlantic Telehealth Resource Center Telehealth Summit (April 2018)
- "Changes Ahead for the Maryland Telehealth Industry," The Daily Record (March 2018)
- "Telehealth and Reimbursement: What You Need to Know for the Near Term," McKnight's Online Expo (March 2018)
- "Telehealth Law Handbook: A Practical Guide to Virtual Care," American Health Lawyers Association (January 2018)
- “Changes to Medicare Telehealth Coverage May Benefit LTC," McKnight's Long-Term Care News (November 2017)
- "Hot Topics at the Intersection of Public Health and Health Care, Part II: Increasing Access to Care: Telemedicine and the Law," American Health Lawyers Association (October 2017)
- "What is Telehealth? Understanding the Technology," What’s Now & What’s Next in the Telehealth Industry (September 2017)
- "GAO Telehealth Report: Key Takeaways for Long Term Care Facilities," American Health Lawyers Association (May 2017)
- "New Ohio Telemedicine Regulations Are on Trend with Relaxed Physical Examination Requirements," American Health Lawyers Association (April 2017)
Emily earned her law degree, with honors (J.D.,2003), from the University of Maryland School of Law, where she was a member of the Moot Court Board; her Masters of Business Administration from the University of Maryland, Robert H. Smith School of Business and her bachelor's degree from Villanova University.
Emily is admitted to practice in Washington D.C. and Maryland. Emily is a member of the American Bar Association, the American Health Lawyers Association, the American Telemedicine Association, and the Maryland State Bar Association.