Telemedicine Legal Series—Conclusion: Putting it All Together

A few years ago, telemedicine and telehealth burst on the scene, immediately challenging established legal frameworks built around brick-and-mortar practices. The novelty forced healthcare practitioners and companies—and the lawyers who represent them—to work through the holes in the law, in an effort to bring new practices and products to market. Today, there exists legislative and regulatory activity on telemedicine and telehealth in almost every state. Though medicine and various healthcare

Telemedicine Legal Series—Part 7: Unlicensed Practice, Fee-Splitting, & Other Legal Hazards

While we’ve focused this series on legal issues that frequently arise in telemedicine and telehealth, there are sister legal issues involved when healthcare practitioners and healthcare tech companies get involved. These and other critical legal hazards that routinely arise include: Unlicensed Practice of Medicine Unlicensed and corporate practice of medicine issues arise in telemedicine because the company offering telemedicine services is typically organized and operated by non-medical doctors. This means

Telemedicine Legal Series—Part 6: Mobile Medical Apps

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 one sense, mobile apps are simply another platform for the delivery of telemedicine services. That is, instead of doctors and other healthcare providers connecting with patients via the Internet on a desktop or laptop,

Telemedicine Legal Series—Part 5: HIPAA

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 many clinicians advertise on their website that they are “HIPAA compliant.” Does HIPAA Apply Stated in the most basic terms, HIPAA applies to use and disclosure of protected health information (“PHI”), if transactions are billed electronically for third-party reimbursement. Given that there are

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

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 of care in an in-person office visit. For example, the Virginia Board of Medicine, in its policy statement on telemedicine, states: “These guidelines should not be construed to alter the scope of practice of


How to Use Persuasion to Engage Integrative Medicine Customers

When it comes to persuasion, Greek philosopher Aristotle set the gold standard in 350 BCE. Aristotle’s modes of persuasion have stood the test of time, and can be applied to various aspects of your communication efforts today to best engage patients, clients, and prospects. Whether you are creating a talk, essay, or website content, Aristotle’s signature approach remains authentic and powerfully effective, even some 2,000 years later. Aristotle’s rhetorical savvy

Telemedicine Legal Series—Part 3: E-Prescribing

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 carefully and see whether they say something specific about “prescribing,” as opposed to “diagnosis” and “treatment.” Normally, state laws and/or medical board regulations are tougher on remote prescribing because of the abuses associated with

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11 Essentials for Your Integrative Medicine Business Plan

Every new integrative health and medicine enterprise and organization should have a well-researched and well-written business plan. In this post I walk you through the key elements of a business plan, and the essentials on which to focus, based on your approach to financing. But first, how are you funding your startup or expansion? Your primary options are investors, bank loans, or self-funding. Let’s take a look.

Telemedicine Legal Series—Part 1: Practice Issues

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 medicine and other healthcare professions? Dealing with Antiquated Laws and Modern Corrections Healthcare providers who move beyond a brick-and-mortar physical practice often find themselves in a legal gray zone, wondering whether they are compliant, or even