Polsinelli’s Telehealth practice counsels clients on all aspects of the delivery of health care via telehealth, telemedicine and digital health platforms. Launched in 2015, our practice advises clients on the changing legal, regulatory and reimbursement landscape of telehealth, telemedicine and asynchronous delivery of health care. We advise our clients on structuring and deploying successful telehealth and digital health services and products in a regulatory compliant manner. Representative clients include hospitals and health systems, academic medical centers, venture capital financed start-ups, direct-to-consumer telehealth vendors and providers, international telemedicine providers, remote patient monitoring software companies, trade associations and others. Our team is led by nationally recognized telehealth thought leaders who are published authors on the topic of telehealth and frequent speakers for media outlets, stakeholder organizations such as the American Telemedicine Association and regional telehealth resource centers.
Our telehealth practice advises on matters such as:
- State licensure and regulatory issues, including the establishment of a physician-patient relationship, scope of practice, prescribing, state licensure, certificate of need, informed consent, unfair trade practices enforcement, non-physician practitioner supervision, corporate practice of medicine and other issues
- Federal and private payor reimbursement requirements and rules, including Medicare, Medicaid, Medicare Advantage (MA) and commercial health plans
- Coding, coverage and payment for telehealth services
- Provider agreements and structure, including with respect to prohibitions on fee splitting, kickbacks, self-referral and other fraud and abuse matters
- Regulatory due diligence
- Regulatory and risk issues surrounding specialized areas of telehealth, including mental and behavioral health counseling
- Vendor negotiations and agreements
- Application of telehealth rules to remote patient monitoring and other digital health modalities
- Informed consent language and patient portal terms and conditions
- Federal and state privacy, security, and data protection requirements
- Credentialing issues, including The Joint Commission (TJC) and Medicare Conditions of Participation (COP) requirements
- Advocacy on federal and state rules related to telemedicine reimbursement and practice
Recognitions:
- Team members frequently cited in national media outlets for views on telehealth law and activity
- Nationally-recognized speakers at national legal and telehealth industry conferences
- Active participation in telehealth stakeholder federal advocacy efforts
Key Contacts
