The Healthcare Roundtable General Counsel Forum: Telemedicine Legal & Regulatory Issues

Foley Partner Nathaniel Lacktman, Chair of the firm’s Telemedicine & Digital Health Industry Team, was a speaker at The Healthcare Roundtable’s General Counsel Forum in Chicago on September 19, 2022.  Attendees were general counsel of hospitals and health systems across the United States.

Mr. Lacktman’s session was titled, “Telemedicine Legal & Regulatory Issues for Hospitals in 2022 and Beyond.” During the 75 min session, participants engaged in an interactive roundtable of Q&A specific to the telemedicine legal issues facing hospitals and health systems.  Topics of discussion included:

• Online second opinion programs (e.g., licensing, peer-to-peer consults, payment)
• Telemedicine and hospital operations (e.g., inpatient admissions, EMTALA, credentialing by proxy)
• Telemedicine modalities (e.g., asynchronous, audio-video, interactive audio with store & forward, telephone-only)
• Telemedicine practice standards (e.g., consent, creating doctor-patient relationship, prescribing medications and controlled substances, supervision of non-physicians, verifying patient identity)
• Billing, coverage, and reimbursement (e.g., payment parity, overseas clinicians, interjurisdictional reassignment, Medicare telehealth coverage requirements)

Participants at The Healthcare Roundtable enjoy the cross-pollination of ideas during open discussion sessions. Attendees are encouraged to present the issues/problems they are currently facing so that fellow members can advise one another as peer consultants. During these interactive discussions, members share new innovations and projects-in-process using a grand rounds format.  All Roundtable meetings are facilitated to avoid wandering discussions and to promote productive dialogue and the efficient use of time spent around the table. The “think tank” approach of the Roundtable provides a high quality educational experience.  To learn more about this event, click here.