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Telemedicine and Telehealth Better health

As telemedicine and telehealth become more prevalent avenues for providing patient care and health information, hospitals and healthcare providers are seeking guidance on meeting regulatory requirements and on establishing payment and coverage protocols.

The skilled healthcare attorneys at Barnes & Thornburg have the knowledge and experience to help clients with the legal issues surrounding the technology, delivery of services, regulatory matters and patient privacy that accompany telemedicine and telehealth. Patient demand for these services is high and there are opportunities for hospitals and health systems to capitalize on this business innovation.

Telemedicine and telehealth is governed by a patchwork of state and federal laws and regulations that are constantly evolving to incorporate revolutionary technologies and industry best practices. As new telecommunications and diagnostic technologies emerge, the potential for telemedicine and telehealth to deliver quality care and improve patient outcomes continues to increase.

Among the legal issues our healthcare lawyers advise clients on are:

  • Coverage and payment
  • Healthcare professionals licensure, credentialing and privileging
  • Online prescribing of pharmaceuticals and lab tests
  • Medical malpractice and professional liability and medical malpractice insurance
  • Data security and privacy
  • Fraud and abuse

Our experience includes:

  • Advised a three-state hospital system about using telehealth to treat and monitor patients between hospitals in the three states, Illinois, Indiana and Kentucky. This involved looking at the states’ medical and nursing practice acts and other statutes and regulations regarding practice of telehealth and telemedicine.
  • Advised an Indiana hospital system about implementing a telemedicine program at its nursing home facilities, so that hospital re-admissions from the nursing homes would be decreased. The other goals were to lower the system’s costs and generally increase efficiency of delivery of care to the nursing home population.
  • Provided guidance to hospital system clients about reimbursement for telehealth and telemedicine services from Medicare, Medicaid and third party insurers.
  • Advised hospitals about the barriers to implementation of a telehealth program.
  • Advised a national healthcare organization regarding the laws and requirements for telepharmacy practice in all states.
  • Provided guidance to numerous clients and have deep experience regarding safety and security of online patient information.


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