Articles Posted in Telehealth

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Our 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 Tennessee’s telemedicine prescribing rules.  Our firm previously posted an overview of Tennessee’s general telemedicine 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.

Tennessee Rules on Prescribing Based on a Telemedicine Visit

A. General Telemedicine Prescribing Rules

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5G-icon-e1662133608419Our 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 codes, and when applicable, Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Tennessee.  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.

Tennessee Rules

Telemedicine is authorized in Tennessee and the rules governing telemedicine are found in the Tennessee Code and Tennessee Rules and Regulations.  Below is an overview of requirements currently in Tennessee governing the practice of telemedicine. Continue reading ›

iStock-1014086596-1000x500-2-e1661804634296Our 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 Texas’s telemedicine prescribing rules.  Our firm previously posted an  overview of Texas’s general telemedicine 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 on Prescribing Based on a Telemedicine Visit

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 ›

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 ›

csm_FlatDesign-Telework_c532b56131-e1645230859515Our 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 Alabama.  This post does not discuss 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 Prior to July 11, 2022

Telemedicine authority in Alabama is new.  In fact, the law discussed herein (Act No. 2022-302) does not go into effect until July 11, 2022.  Prior to the enactment of Act No. 2022-302, there was little to no authority regulating telemedicine versus traditional in-person medical practice, and physicians were held to the same standard of care, regardless of treatment modality, regarding such matters as the establishment of a physician-patient relationship and the prescribing of controlled substances and other medications. Prior to the enactment of Act No. 2022-302, physicians treating Alabama citizens via telemedicine had to have the medical license and controlled license of an Alabama physician and were held to the same standards as in-person treatment. See, e.g., Ala. Admin § 540-X-9-.11.  Regarding prescribing controlled substances, telemedicine physicians were required to adhere to all federal and state statutes, and federal regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency.  Id.

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tixeo-virtual-openspace-300x202Our 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 Medicaid rules.  This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Georgia.  There are specific rules governing prescribing via telemedicine, which are not covered by this post.  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 Insurance Code’s Definition of Telemedicine

The Georgia Composite Medical Board (“Medical Board”) generally requires an in-person exam, but the Medical Board Rules allow telemedicine in certain situations.  The relevant definition of “telemedicine” is found in Georgia’s insurance code and defines “telemedicine” as:

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MM-0220-Telemedicine-iStock-e1581381176331-1024x814-1-e1631301250783Given the increased use of telehealth during the Public Health Emergency (“PHE”), the Centers for Medicare and Medicaid Services (CMS) passed a final rule modifying the rules around when Medicare will reimburse for mental health visits.  A previous blog post analyzed Federal laws and rules governing telehealth visits, including the general Medicare rules applicable during the PHE.  This post analyzes the changes to the Medicare telehealth reimbursement rules for mental health treatment that begin the day after the PHE ends.  Note, there are different rules when treatment includes for substance abuse disorders.  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.

Essential Requirements Under Medicare’s New Rule

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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 ›

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