New York Business Lawyers for Telehealth Services

Attorneys Helping Healthcare Companies Address Issues Related to Telehealth and Virtual Care in New York City

The ability to provide telehealth services has transformed the operations of many healthcare companies. Medical practices, hospitals, accountable care organizations, and other healthcare entities have integrated virtual care into their service offerings. They may provide video consultations, remote monitoring, digital health applications, and other technological solutions to help address the needs of patients. When implementing telehealth programs, healthcare companies may need to address a variety of legal concerns.

At Health Counsel Group, we provide legal counsel to healthcare organizations in New York City and across the United States, helping them address matters related to telehealth and virtual care services. Our attorneys understand the regulatory landscape governing telemedicine, and we work with clients to address legal concerns while helping them achieve their goals. With a thorough understanding of the legal issues and practical challenges involved in implementing technological solutions, we can help healthcare providers establish telehealth programs that comply with applicable requirements while serving the needs of their patients.

Technology Vendor Agreements and Outsourcing Arrangements

When implementing telehealth services, healthcare organizations will need to establish relationships with various technology providers, including platform vendors, software developers, and hardware suppliers. These agreements will address multiple issues that may affect telehealth operations, from the functionality and reliability of video consultation systems to the security measures that will protect patient information.

When evaluating technology vendors, healthcare organizations will need to consider numerous factors. System uptime guarantees, the availability of technical support, data backup procedures, disaster recovery capabilities, and upgrade procedures can all affect the quality and continuity of care. The attorneys at Health Counsel Group can help clients review vendor proposals, negotiate contracts, and ensure that these agreements protect their interests.

Our lawyers will pay careful attention to provisions addressing data ownership, system integration capabilities, vendor liability for breaches or outages, and termination rights. We will ensure that contracts clearly define each party's responsibilities regarding compliance with HIPAA and other regulations.

Healthcare organizations may use third-party services for remote patient monitoring, telehealth platform management, or technical support. Outsourcing agreements will need to include clear provisions addressing the services provided, performance standards, confidentiality, and regulatory compliance. Our attorneys can help clients establish outsourcing agreements that will protect their interests while ensuring that they can benefit from external resources and technical capabilities.

Remote Prescribing and Medical Practice Requirements

When providers prescribe medications after providing telehealth services, a company will need to address important legal concerns related to practitioner-patient relationships, examination requirements, and controlled substance regulations. The establishment of a valid practitioner-patient relationship typically requires some form of examination, so a company will need to establish policies to ensure that virtual care meets these requirements.

An in-person medical evaluation is generally required before a practitioner can prescribe controlled substances. Certain exceptions exist, including for telemedicine provided by practitioners in specific situations. Healthcare organizations will need to stay informed about the current rules so they can avoid potential violations.

Our attorneys can work with clients to develop prescribing policies for telehealth services. We help organizations establish protocols that satisfy their legal requirements while ensuring that they have the flexibility needed when providing virtual care. We can address regulatory changes that may affect telehealth prescribing, ensuring that clients understand how these changes may impact their practices.

Privacy and Security Protections

Patient privacy is a concern for companies that provide telehealth services. Sensitive health information may be transmitted through electronic systems. Careful attention must be paid to security to ensure that adequate safeguards are in place to keep patient information private.

Our lawyers work with healthcare organizations to assess the privacy and security measures provided by the software tools they use. We can review data transmission procedures, access control measures, and security policies to identify potential concerns and recommend improvements. We can also create privacy notices explaining how patient information is stored and secured, make sure an organization receives the proper authorizations from patients, and address concerns about potential breaches.

We can provide guidance for clients on the privacy considerations that may need to be addressed when providing telehealth services, including when consultations may be recorded, how to maintain confidentiality when using apps or other tools, and how to manage health information gathered through remote monitoring devices.

Fraud, Abuse, and Billing Compliance

Healthcare organizations may face high levels of scrutiny regarding potential fraud and abuse. They must ensure that their billing practices accurately reflect the services provided while complying with the applicable reimbursement rules. Concerns may arise regarding the necessity of certain treatments, the required documentation, the appropriate use of billing codes, and anti-kickback laws.

Our lawyers work with healthcare organizations to develop compliant telehealth programs while avoiding potential claims of fraud or abuse. We can review compensation arrangements, vendor relationships, and referrals to identify potential issues. We can help clients develop policies addressing documentation standards, medical necessity assessments, and billing procedures that will ensure that accurate claims can be submitted. When organizations face investigations or inquiries regarding their telehealth practices, we can provide legal representation and work to resolve these concerns.

Scope of Practice and Professional Standards

Healthcare providers that offer telehealth services must maintain the same professional standards that apply to in-person care. Practitioners must exercise clinical judgment when determining whether telehealth may be suitable in specific circumstances or when addressing certain types of patient conditions.

Some services may not be appropriate for telehealth, depending on the nature of a patient's condition and the examinations or procedures that may be required. Healthcare organizations will need to establish protocols to ensure that practitioners understand when telehealth may be suitable and when in-person care will be necessary. These protocols should consider factors such as the patient's condition, the availability of prior medical records, the quality of the communication between the provider and the patient, and the clinical information that can be obtained through virtual examinations.

Nursing, physician assistants, and other non-physician practitioners who provide telehealth services must comply with the applicable scope of practice limitations and supervision requirements. Healthcare organizations that employ or contract with these providers will need to ensure that the appropriate oversight mechanisms are in place.

Our attorneys can help clients develop clinical guidelines for telehealth services that meet professional standards. We work with organizations to address scope of practice questions, establish supervision protocols, and implement quality assurance measures.

Credentialing and Licensing

Healthcare practitioners who provide telehealth services must have the appropriate licenses in the states where patients are located at the time services are delivered. The interstate practice of telemedicine can raise questions about which state's license is required when a practitioner in one state provides care to a patient in another state.

The Interstate Medical Licensure Compact can help ensure that physicians who practice across state lines will be able to obtain multiple state licenses. However, not all healthcare professions participate in interstate compacts, and organizations will need to ensure that all practitioners have the necessary licenses for telehealth services.

Our lawyers work with healthcare organizations to ensure that credentialing and licensing matters related to telehealth are handled correctly. We help clients understand the licensing requirements that will apply for practitioners who provide services across state lines. We work with clients to establish processes that will ensure that all practitioners have the appropriate licenses and credentials before delivering virtual care.

Reimbursement and Payment Policies

Healthcare organizations will need to understand reimbursement rules as they take steps to establish financially sustainable telehealth programs. Medicare, Medicaid, and private insurers have different policies regarding coverage for telehealth services, including which practitioners may be eligible to provide these services, what types of services are covered, and the rates for reimbursement.

Our attorneys can help healthcare organizations address issues related to reimbursement for telehealth services. We help clients understand the coverage that is provided for these services under different policies. We can review payor contracts for telehealth services and develop billing procedures that will allow claims to be submitted correctly. We can assist with appeals when payors deny telehealth claims, and we can work to resolve reimbursement disputes.

Contact Our New York City Telehealth Law Attorneys

When implementing or expanding telehealth services, healthcare organizations will need to address numerous legal considerations. At Health Counsel Group, our attorneys can provide the guidance and strategic legal counsel needed to navigate these challenges successfully. We work with medical practices, hospitals, accountable care organizations, and other healthcare providers to develop telehealth programs that comply with the applicable regulations.

Whether you need assistance with vendor agreements, privacy protections, prescribing policies, licensing matters, or reimbursement issues, our team is prepared to help. We can provide practical advice grounded in a thorough knowledge of healthcare law and an understanding of the legal and financial concerns that can affect healthcare organizations. Contact our New York telehealth lawyers at 123-456-7890 to learn how we can support your telemedicine initiatives.