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Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership Academy May 29 - 31, 2015 Hollywood, California

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Page 1: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

TelemedicineBest Practices for Avoiding Medical Board Actions and Government Investigations

Tara Kepler, JD, MPA

Western States Health Care Leadership AcademyMay 29 - 31, 2015

Hollywood, California

Page 2: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Part1—The Regulatory Framework

Part 2—Opportunities and Risks

Overview

Page 3: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

What is Telemedicine?

Proper Patient-Physician Relationship

Lesser Known Regulations

Part 1The Regulatory Framework

Page 4: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Terminology

“Telemedicine” “Telehealth” “Practicing medicine across state lines” “Practicing medicine by electronic means”

Why does it matter to you?

Regulatory Framework

What is Telemedicine?

Page 5: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Regulatory Framework

Proper Patient-Physician Relationship

Conflicts & Trends Across the States

Hageseth (criminal?)

The Current Texas Battle

Page 6: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Regulatory Framework

Proper Patient-Physician Relationship

the federal role …

Ryan Haight Act (DEA) ePrescribing (DEA) FDA FTC

Page 7: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Regulatory Framework

Lesser Known Regulations

Mid-Level Supervision

Email Use & Websites

Informed Consent

Page 8: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Reimbursement

Malpractice & Risk Management

Telemedicine-Specific Fraud & Abuse

Part 2Opportunities & Risks

Page 9: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Medicare

Medicaid

Local, County & State Governments

Non-Government Payors

Self-Insured Employers

Opportunities and Risks

Reimbursement

Page 10: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Relevant Standards of Care

Patient Abandonment

Insurance Coverage

Jurisdiction & Choice of Law

Opportunities and Risks

Malpractice & Risk Management

Page 11: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Federal (Stark & Anti-Kickback)

State Twists

Corporate Practice of Medicine

Opportunities and Risks

Fraud and Abuse

Page 12: Telemedicine Best Practices for Avoiding Medical Board Actions and Government Investigations Tara Kepler, JD, MPA Western States Health Care Leadership

Any Questions?

[email protected](972) 596-5293