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By: Foley & Lardner LLP

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Samuel D. Goldstick
Mark D. Scimeca
Julia Di Vito

Latest from Health Care Law Today

The ACCC 47th Annual Meeting & Cancer Center Business Summit (AMCCBS) took place virtually, March 1-5. The Summit serves the prominent thought leadership forum and annual conference on matters of policy, business strategies, business models, hospital alignment, and best business practices in community oncology. You can also review our additional AMCCBS focused blogs on “Moving Forward Under the Biden Administration” and “The 2021 ‘Level Set’ in the Sprint to Value-Based …
The ACCC 47th Annual Meeting & Cancer Center Business Summit (AMCCBS) took place virtually, March 1-5. Through a combination of five-star panels and interactive drop-in sessions, attendees learned about key themes and trends in oncology today: telemedicine/telehealth, virtual care models and remote monitoring, including home therapy for chemo; cancer service line efficiency and revenue optimization; leveraging data; managing alternative payment models; employer-driven models and addressing disparities in cancer care; long-and short-term impacts of…
What does the new Supreme Court text message ruling mean for your digital health business? The Supreme Court ruled in favor of Facebook, holding that the Telephone Consumer Protection Act (TCPA) did not apply to Facebook because the system did not have the capacity to randomly or sequentially store, or to randomly or sequentially generate, a telephone number. Previously, companies were at risk of TCPA claims asserting only that the text messages or calls were…
The ACCC 47th Annual Meeting & Cancer Center Business Summit (AMCCBS) took place virtually, March 1-5. The Cancer Center Business Summit was co-founded in 2007 by Foley & Lardner LLP and CCBD Group as an opportunity for members of the community oncology c-suite, providers, vendors, payors, and others involved in the business of oncology to share best practices, learn about newest technologies, trends, and legal and business updates in the industry, and to…
Throughout the COVID-19 pandemic, federal agencies have sought to allow health care companies more flexibility to use popular technology and applications to better engage with their patients. One example is the Department of Health and Human Services’ Office of Civil Rights (OCR), which issued a notice that it will allow health care providers to use widely-available communications software without fear of violating HIPAA, even if the software does not meet the HIPAA privacy and security…
The Joint Commission recently announced it has changed its accreditation rules to enable more hospitals and telemedicine companies to use the streamlined “credentialing by proxy” process. Under the change, the distant site telemedicine entity must be accredited with The Joint Commission or enrolled in the Medicare program. Previously, the rules required both the originating site hospital and the distant site entity to be accredited with The Joint Commission. That requirement of dual-accreditation was exclusively created…
Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates. Texting and push notifications are the current favored communication methods to engage patient-users. Digital health entrepreneurs can use these tools, but should be aware of the Telephone Consumer Protection Act (TCPA). This article shares some TCPA ideas that telemedicine and remote patient monitoring…
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Summary Takeaways: Payment misalignment in Medicare FFS for Substance Use Disorder (SUD) treatment as the subject of potential legislative and/or regulatory reforms New opportunities for investor-backed behavioral health platforms in Medicare Advantage and other value-based arrangements New possible focus areas for health plans with expertise in Medicaid managed care to expand into Medicare managed care models for SUD treatment The opioid epidemic has been further fueled by the COVID-19 pandemic and a recently published report…
California recently passed legislation that allows evaluations and assessments for involuntary psychiatric holds to be conducted using telehealth technology. California’s Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of individuals with mental health disorders. If an individual is considered to be a danger to themselves or others as a result of a mental health disorder, the individual may be taken into custody for a period of up to 72 hours for assessment, evaluation, and crisis…
Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) is conducting at least seven different national audits, evaluations, and inspections of telemedicine services under the Medicare and Medicaid programs. The audits will also review remote patient monitoring, virtual check-ins,…