Telemedicine & Digital Health

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). 

Foley’s Telemedicine and Digital Health Industry Team helps clients embrace emerging issues in telemedicine, enabling them to provide innovative care for patients in new markets around the block and around the world.

By taking advantage of technological advances, health care facilities, professionals, and entrepreneurs have the chance be at the forefront of health care delivery by expanding their service offerings to share their insight with patients independent of geography. With this opportunity comes challenges, as the laws and regulations struggle to keep up with the pace of innovation. It is critical to consult with a legal services provider with the experience and resources to help you grow your business while managing the evolving issues associated with this emerging field.

Our attorneys have the experience necessary to assist with telemedicine program assessment, development, and implementation, nursing hotlines and pharmacy call centers, and multi-state, web-based health care tools and services. We also are well-positioned to provide counsel on operational issues, including payer credentialing, patient verification, and medical record management.

To meet your needs — and the needs of those who rely on your services — we offer our experience in the areas described below.

Representative Matters

  • 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.  
  • COVID-19 Licensure and Modality Waivers. Foley advised various telehealth companies on navigating federal and state changes in provider licensure and telehealth modalities during the COVID-19 public health emergency.  The work allowed the companies to immediately take action and expand their platforms to provide services across multiple states. 
  • Direct to Consumer Televeterinary 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. 

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