Telemedicine & Digital Health

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

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Medical Group Negotiations with National Telemedicine Platform Increase Catchment Area

Foley negotiated a telemedicine platform agreement on behalf of a medical practice affiliated with a health system, to allow the practice to use a telemedicine technology platform and offer telemedicine-based services to a larger geographic area, thereby increasing the size of the health system’s catchment area.

Hospital Medical Staff Credentialing by Proxy

Foley advised a hospital network concerning the “medical staff bylaws” and contracting considerations associated with both the network hub’s delivery of telemedicine services to network “spoke” hospitals, and the “spoke” hospitals’ on site delivery of telemedicine services by “hub” providers. Considerations included whether to establish a separate telemedicine category at the “spoke” hospitals, whether to grant medical staff membership (or merely clinical privileges) to telemedicine providers at “spoke” hospitals, what medical staff prerogatives to offer telemedicine providers at “spoke” hospitals, what medical staff obligations to impose on “hub” telemedicine providers, how to implement OPPE and FPPE protocols for the telemedicine providers at both the “hub” and the “spoke” hospitals, and the “hub” and “spoke” hospitals’ respective responsibilities for monitoring and reporting concerns and/or changes in provider privileges and prerogatives. The work assisted the network to move forward with its plans to implement, on a network wide basis, with the implementation of intra-facility telemedicine services.

Virtual ICU Licensing and Implementation

Foley advised a tertiary hospital regarding the legal and structural implications of establishing and implementing a telemedicine eICU for the hospital’s network of facilities and, potentially, facilities outside of its network. Foley’s work included the evaluation of state licensure and related laws, and contracting and credentialing issues. The work enabled the hospital to establish and implement its off campus telemedicine eICU under the hospital’s license.

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