Latest Articles

President Trump just signed into law the “Special Registration for Telemedicine Act of 2018” (the Act), requiring the Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse practitioners to prescribe controlled substances via telemedicine without an in-person exam. The DEA has no more than one year to complete the task.…
The Delaware Board of Medicine recently enacted new regulations pertaining to telemedicine and telehealth. As we previously reported, the new regulations are intended to clarify the language in Delaware’s Medical Practice Act, which imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an in-person examination is required. The new regulations add Rule 19.0 to Chapter 1700 of the Code of Delaware Regulations…
The Delaware Board of Medicine recently enacted new regulations pertaining to telemedicine and telehealth. As we previously reported, the new regulations are intended to clarify the language in Delaware’s Medical Practice Act, which imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an in-person examination is required. The new regulations add Rule 19.0 to Chapter 1700 of the Code of Delaware Regulations…
The Delaware Board of Medicine has issued proposed regulations clarifying certain statutory provisions pertaining to telemedicine and telehealth. As we previously reported, Delaware’s Medical Practice Act imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an in-person examination is required. The new proposed regulations are intended to clarify the language in the statute to further define the allowable modalities and address telemedicine…
ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances, responses to complaints about medical care turned into disputes over patient privacy.” For example, ProPublica noted consumers giving providers negative reviews on Yelp and providers responding with details about the “patients’ diagnoses, treatments and idiosyncrasies.”…
Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the telemedicine modality required for a patient encounter from “two-way video” technology to “interactive audio” (provided the modality is sufficient to meet the same standard of care as an in-person encounter). The Act requires telemedicine providers make referrals to, or arrangements for, follow-up care…
Louisiana’s Board of Medical Examiners (the “Board”) enacted regulations in the fall amending the prior practice standards for telemedicine, the requirements for obtaining a telemedicine permit, and the rules on remote prescribing of controlled substances. The new rules explicitly state that an initial in-person visit is not required if the technology is sufficient to provide the physician to practice at an acceptable level of skill and safety. This requirement was not expressly addressed under prior…
The Great State of Arkansas was ranked last among all states in a recent report by the American Telemedicine Association on telemedicine practice standards. The good news is the Arkansas Board of Medicine indicated plans to address this issue through new rules this year. Its Telemedicine Advisory Committee is working on an advisory opinion or new regulations regarding telemedicine. Currently, Arkansas Code 17-80-117, enacted in April 2015, and Regulation No. 2(8) of the Arkansas…
A single sentence at the end of New Hampshire’s new telemedicine law could mean the Granite State will, sometime in 2016, join other states in offering Medicaid FFS coverage of telehealth services. The very end of SB 84 includes this sentence: “Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.” Currently, telehealth services in New Hampshire are covered under select Medicaid managed care plans, although…