Thomas Ferrante on Interstate Health Policy Conflicts – ‘I’d definitely recommend paying attention’
Foley & Lardner LLP partner Thomas Ferrante offered insight on how a patchwork of shifting state legislation on health care issues are stretching constitutional limits in the Inside Health Policy article, “Lobbyists: Abortion Bans Threaten Interstate Telehealth, Medication Mailing.”
Ferrante said that while the originating site framework for seeing patients via telehealth has technically not been changed, restrictions on reproductive health care, which include some state governments aiming to prosecute providers in other states for treating patients from their state, has fueled the rise of shield laws to protect in-state doctors for providing care to residents that cross state lines.
He highlighted that the constitution’s Full Faith and Credit clause, which requires state courts respect the judgments of courts from other states, complicates shield laws.
Ferrante noted that the situation is evolving. “We are monitoring it,” he added, “if you are interested in that issue, I’d definitely recommend paying attention.”
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