Connectivity is key, particularly in healthcare. Over the past five years, demand for the delivery of healthcare services by virtual means has exploded, and telehealth is forging new and improved methods of providing patients access to quality care more efficiently.
The law has been outpaced by technological advances in this space. As a result, navigating the legal requirements for companies and partners involved in telehealth platforms can be tricky, with a complicated web of federal and state laws creating pitfalls in unsuspecting places. Not only must this business and its providers comply with existing legal requirements, but they must also be informed about and able to work with the government agencies that are shaping future changes.
Bradley’s team partners with local, regional, national, and international telehealth companies; business units of companies with a telehealth platform; investors and collaborative partners with technology companies; managed care payors; and health systems and physician practices. Our work regularly includes advising our clients as they create telehealth delivery platforms, grow their businesses from a regional to a national and/or international platform, add to their platforms, and position the company for an exit strategy. Along the way, this legal advice includes:
- Coordinating and advising on the complex web of state telehealth, teleprescribing, licensure, scope of practice, and practice of medicine requirements
- Planning corporate structure that complies with state corporate law requirements and anticipates future expansion into other jurisdictions with different requirements
- Preparing end-user agreements and appropriate consent forms for telehealth services
- Advising on record creation and storage
- Establishing HIPAA privacy and security safeguards
- Risk mitigation and standard of care
- Coverage and reimbursement for telehealth services
- Contracting with patients, payers, clients, and hardware and software vendors
- Credentialing providers
- Adoption of compliance program and guarding against fraud and abuse
- Technology and outsourcing agreements
- Public and private investment
