Articles Posted in Improving Your Practice

how-telehealth-regulation-changes-are-making-care-more-accessible-722x406-1-e1657306723291Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and when applicable, Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Texas.  This post does not discuss telemedicine prescribing rules or Medicaid rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Texas Rules

Texas’ rules governing telemedicine are found in the Texas Administrative Code and Texas Occupational Code.  Below is an overview of some requirements currently in Texas governing the practice of telemedicine. Continue reading ›

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Our healthcare and business law firm previously published a blog post on the federal telemedicine rules and the general Georgia telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, and there are specific rules around prescribing medicine from a telemedicine visit.  A previous post provided an overview of Georgia’s telemedicine rules.  This post focuses specifically on Georgia’s telemedicine prescribing rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Georgia Telemedicine Rules for Prescribing

The general restrictions on prescribing via telemedicine is with (a) pain management and (b) controlled substances.  As such, if the requirements to allow telemedicine are met, the provider can prescribe any medically necessary medications therefrom.  The restrictions come into play if those medications are controlled substances. Continue reading ›

blog-2-lede-photo-e1656706231616Our healthcare and business law firm previously published a blog post on the federal telemedicine rules.  Both Federal and State rules govern the provision of telemedicine.  Each state’s rules governing telemedicine are different, and there are specific rules around prescribing medicine from a telemedicine visit.  A previous post provided an overview of Alabama’s telemedicine rules.  This post focuses specifically on Alabama’s telemedicine prescribing rules.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

 

Alabama Rules on Prescribing Based on a Telemedicine Visits

A physician may prescribe medications via telemedicine so long as it would otherwise be authorized under applicable state and federal law.  All telemedicine services provided must comply with all federal and state laws and regulations applicable to such services, including HIPAA, and the physician must take reasonable precautions to protect the privacy and security of all verbal, visual, written, or other communications involved therein. Ala. Code § 34-24-705. Continue reading ›

Medical-License-e1644515318522For various reasons, licensed medical providers may choose to voluntarily surrender their state medical license.  Earlier this year, our healthcare and business law firm blogged about the repercussions of voluntarily surrendering a state medical license on the physician’s Medicare enrollment.  Our firm recently had success in challenging a Medicare MAC’s decision to revoke a client’s Medicare enrollment based on a voluntary surrender of a medical license, resulting in the rescission of the revocation decision.  Another usually unexpected repercussion may also be ineligibility for Board examination or loss of Board Certification status.  Losing board certification or being found ineligible for board certification is a serious matter with potentially far-reaching adverse consequences. This post outlines the American Board of Internal Medicine’s (“ABIM”) eligibility rules and steps to challenge such a decision.  If you have questions regarding this blog post or wish to discuss an adverse decision by the ABIM or strategize ways to overcome an adverse decision, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

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4-e1647895403919Many of our healthcare and business law firm’s clients have an interest in offering a practice that offers more flexibility to patients when it comes to in-person versus virtual visits.  Deciding to offer telemedicine visits to your patients not only requires acquiring a video product that satisfies HIPAA and other privacy requirements but requires compliance with numerous laws at the state and federal level.  This post analyzes potentially relevant federal laws and rules that currently apply during the Public Health Emergency (“PHE”).  A subsequent post will provide an overview of state law considerations.  If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

State laws provide the majority of laws and regulations governing telemedicine visits.  There are, however, two potentially relevant federal rules that a medical practice should consider before offering telemedicine: Medicare rules and the Ryan Haight Act. Continue reading ›

nurses-and-docs-300x240We have seen a continued growth in the popularity of medical spas despite the hurdles presented by the COVID-19 pandemic.  See Unpacking the Success Factors of the Medical Spa Industry During the Pandemic, Forbes (May 21, 2021).  Medical spas present unique compliance challenges from determining whether certain aesthetic services are considered the practice of medicine in the state to whether non-physicians can own the practice.  This blog post outlines 3 compliance questions every potential non-physician medical spa owner should ask. If you have questions regarding this blog post or need counsel navigating the complex rules and regulations for opening or operating a medical spa, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

  1. The procedures I plan to offer are aesthetic, so do I really need a physician involved?

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Medical-License-e1644515318522For various reasons, licensed medical providers may choose to voluntarily surrender their state licensure.  Sometimes, the provider does not intend to work in the state anymore and no longer wishes to maintain the licensure.  Other times, the licensing agency may intend to discipline the provider and the provider chooses to surrender their license in lieu of receiving discipline.  Surrendering your license, however, may have unintended consequences to include revocation of your Medicare privileges and instituting a Medicare enrollment bar.  This post outlines what actions the Centers for Medicare and Medicaid (CMS) or one of its Medicare Administrative Contractors (MAC) may take in response to a provider surrendering their state licensure.  A forthcoming post will outline potential options a provider may have if their Medicare privileges have been revoked.  If you have questions regarding this blog post or wish to discuss your medical license or Medicare privileges, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

 

There are two main ways a CMS or a MAC can revoke a provider’s Medicare privileges after they voluntarily surrender their state medical licensure: Continue reading ›

a540959b140223b6f8a472cfe17667c1672de165-3389x2260-1-scaled-e1643836004971Our previous blog post provided an overview of the Centers for Medicare and Medicaid Services’ (“CMS”) Vaccine Mandate and addressed two basic questions of the mandate: What providers are covered and what’s the timeline to comply?  Many of our healthcare and business law firm’s clients have additional questions about the requirement of CMS’ vaccine mandate (a.k.a. the “federal healthcare worker vaccine mandate”).  One such question is: Does the mandate require individuals to receive a booster shot to comply with the mandate?  This blog post outlines CMS’s current stance on the booster requirement. As always, the analysis herein is current as of the date this blog is posted and subject to change as agencies and courts release new decisions.

If you have questions regarding this blog post or the applicability of state and federal regulations to you or your medical practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

 

SHORT ANSWER:  The CMS Vaccine Mandate does not require individuals to receive booster shots or additional doses in addition to the primary vaccination series, but that may change. Continue reading ›

imagesWelcome to the third installment of our business and healthcare law firm’s monthly medical board meeting review, focusing on the Georgia Composite Medical Board (“Medical Board” or “GCMB”).  As a healthcare law firm with physician clients, it is our duty to stay up to date with the Medical Board’s positions and changes so as to better inform our clients. If you have licensing or other GCMB questions or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

The Medical Board met on July 1, 2021 via video teleconference.  The July monthly meeting minutes are available here.  The Medical Board also publicly releases public orders and agreements each month.

Meeting Minutes

The Rules Committee reported the following rules for comments:

Rule 360-5-.02 “Qualifications for Physician Assistant Licensure”

Rule 360-5-.06 “Renewal of Physician Assistant License”

Rule 360-35-.01 “Definitions” (Lasers)

Rule 360-35-.05 “Practice”

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iStock_000033418316_Medium-e1626470315777Direct primary care practices have become popular alternatives to the traditional insurance medical practice model.  Direct primary care practices cut out insurance companies from the provider-patient relationship.  This post intends to outline the recent history of direct primary care in Georgia and the relevant rules that practices must comply with to establish a direct primary care practice.  If you have questions regarding this blog post or migrating to a direct primary care practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

History: Senate Bill 18 in 2019

In 2019, Georgia became the 26th state to designate in its insurance code that Direct Primary Care practices are “not insurance” by passing Senate Bill 18.  At the time, 3.2 million Georgians were living in areas facing a severe physician shortage.  Dubois & Mesa, SB 18 – Direct Primary Care, Ga. St. Univ. L. Rev., Vol. 36:1, p. 136 (2019).  In supporting the bill, Senator Kay Kirkpatrick said:

It is a way for people who can’t afford high dollar plans to get the majority of their care handled for a reasonable and predictable amount of money and is also a way for people to keep their primary care doctor if they change plans or if their doctor is not in their insurance network.

Dubois, SB 18 – DIRECT PRIMARY CARE, p. 136. Continue reading ›

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