Legal Archives | Page 2 of 3

Telemedicine Legal Series—Part 6: Mobile Medical Apps

By Michael H. Cohen In this Series:IntroductionPart 1: Practice IssuesPart 2: Licensing IssuesPart 3: e-PrescribingPart 4: Standard of Care IssuesPart 5: HIPAA IssuesPart 6: Mobile Medical AppsPart 7: Unlicensed Practice, Fee-Splitting, and other Legal HazardsConclusion When medicine is practiced through an app installed on a mobile device, do different rules apply? How does the law regulate telemedicine via the app, and the app itself? Mobile Apps as a Telemedicine Platform In

Telemedicine Legal Series—Part 5: HIPAA

By Michael H. Cohen In this Series: Introduction Part 1: Practice Issues Part 2: Licensing Issues Part 3: e-Prescribing Part 4: Standard of Care Issues Part 5: HIPAA Issues Part 6: Mobile Medical Apps Part 7: Unlicensed Practice, Fee-Splitting, and other Legal Hazards Conclusion Privacy, confidentiality, and security issues arise when practicing telehealth or telemedicine just as they do in a brick-and-mortar practice. It’s especially important to understand these issues, since

7-Part Telemedicine Legal Series—Part 4: Standard of Care Issues

By Michael H. Cohen In this Series:IntroductionPart 1: Practice IssuesPart 2: Licensing IssuesPart 3: e-PrescribingPart 4: Standard of Care IssuesPart 5: HIPAA IssuesPart 6: Mobile Medical AppsPart 7: Unlicensed Practice, Fee-Splitting, and other Legal HazardsConclusion How do healthcare practitioners handle standard of care issues when diagnosing and treating from a distance? Standard of Care Identical The key rule is that the standard of care in telemedicine is identical to the standard

Telemedicine Legal Series—Part 3: E-Prescribing

By Michael H. Cohen In this Series:IntroductionPart 1: Practice IssuesPart 2: Licensing IssuesPart 3: e-PrescribingPart 4: Standard of Care IssuesPart 5: HIPAA IssuesPart 6: Mobile Medical AppsPart 7: Unlicensed Practice, Fee-Splitting, and other Legal HazardsConclusion The law handles telemedicine prescription differently than diagnosing and treating remotely. How can you best comply? Prescribing is Different Than Other Treatment This is a tricky thing about telemedicine law; you need to read the statutes

Telemedicine Legal Series—Part 1: Practice Issues

By Michael H. Cohen, JD In this Series:IntroductionPart 1: Practice IssuesPart 2: Licensing IssuesPart 3: e-PrescribingPart 4: Standard of Care IssuesPart 5: HIPAA IssuesPart 6: Mobile Medical Apps Part 7: Unlicensed Practice, Fee-Splitting, and other Legal HazardsConclusion What is the difference between telehealth and telemedicine, and simply delivering educational tools online? Can practitioners offer webinars and other online health informational services without being subject to laws governing both the practice of

Telemedicine Legal Series—Part 2: Licensing Issues

By Michael H. Cohen, JD In this Series: Introduction Part 1: Practice Issues Part 2: Licensing Issues Part 3: e-Prescribing Part 4: Standard of Care Issues Part 5: HIPAA Issues Part 6: Mobile Medical Apps Part 7: Unlicensed Practice, Fee-Splitting, and other Legal Hazards Conclusion Because telehealth and telemedicine often involve practice across state lines, healthcare practitioners must understand the state laws which allow practice in situations where the healthcare provider

7-Part Telemedicine Legal Series—Introduction

By Michael H. Cohen, JD In this Series:IntroductionPart 1: Practice IssuesPart 2: Licensing IssuesPart 3: e-PrescribingPart 4: Standard of Care IssuesPart 5: HIPAA IssuesPart 6: Mobile Medical AppsPart 7: Unlicensed Practice, Fee-Splitting, and other Legal HazardsConclusion Healthcare providers everywhere are looking to expand from a brick-and-mortar practice to one that includes online and mobile patient services. Does this describe you? Broadly speaking, we call online and mobile health ‘telehealth’ or ‘telemedicine’.

5 Legal Tips for Setting Up A Functional Medicine Practice

By Michael H. Cohen, JD When establishing your functional medicine practice, you’ll be wading into clinical waters that are often navigated by many medical colleagues, yet not necessarily adopted within the mainstream medical community. Here are 5 legal tips that address some core legal fundamentals when setting up a functional medicine practice. Transitioning to your Own Functional Medicine Practice Recently, a physician contacted our office about setting up her own functional

Do Online Coupons for Integrative Medicine Services Violate Stark and Fee-Splitting Laws?

By Michael H. Cohen, JD Many integrative practitioners and online enterprises want to know whether Stark, anti-kickback, and fee-splitting laws are violated by business arrangements that offer online coupons or web-based coupons to customers. Let’s break this question down a bit for analysis. First, Stark self-referral law is on the federal level. We are only interested in federal law if Medicare Medicaid (Medi-Cal in California) or another federally funded health care

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