Page 33 - Mar2019_BarJournal

HEALTH CARE LAW

HIPAA compliant and offers a level of encryption
in the video sessions to secure the connection.
It is also advisable to include in the consent form gET ENgAgED!
There are other vendors of similar products and
clients should take time to explore their options.

language known risks, including:
• Transmission of medical information can be Join a Section
disrupted or distorted by technical issues;
• Transmission of medical information can be
interrupted or captured by unauthorized persons;
• Electronic storage of medical information can be
accessed by unauthorized persons; and Health Care law Section
• Telemedicine services may not be appropriate for
individuals experiencing a mental health crisis Meets every month, the first Tuesday of the month
or those with intense thoughts of self-harm,
suicide or homicide.
J. ryan wIllIaMS, Chair
Prescribing Brouse McDowell
The Ohio Medical Board adopted new rules for (216) 830-6830
telemedicine prescribing. The new rules became rwilliams@brouse.com
effective March 23, 2017 (see OAC 4731-11-09 and
7331-11-01). As indicated earlier, there are many
aspects of these new rules that may apply directly to
the specifics of a telemedicine arrangement under
consideration. The Ohio Medical Board website has
a comprehensive FAQ list that should be reviewed.

Contracting and Payment for information on how to join a section or committee, contact
As one might expect, the expansion of telemedicine Samantha Pringle at (216) 696-3525 x 2008 or springle@clemetrobar.org.
services has given rise to the expansion of
telemedicine vendors. (see for example: CareClix;
ConsultADoctor; Teladoc; MeMD; iCliniq; consequences fall to your client, the purchaser? The foregoing is not intended to be a complete
American Well; MDlive; MDAligne; StatDoctors; • Review the contract to determine the effects inventory of all the considerations to be taken into
Doctor on Demand; Specialists on Call; LiveHealth of “booked hours” and cancellations of those account when evaluating a telemedicine proposal or
Online; Virtuwell; Ringadoc; PlushCare; HealthTap booked hours. constructing such a relationship, rather a brief but
or HealthExpress). These vendors are in addition to • Will your client have to pay the vendor for perhaps incomplete list of concerns for which you
certain “in-house” arrangements that institutions training time on their EMR? can provide some guidance to your client. As the
may establish internally or amongst themselves in • Who will be responsible for credentialing prevalence of remote-location medicine increases,
various network combinations. the telemedicine provider in your clients’ accompanied by an increase in the numbers of
Clients who wish to enter into contractual payor plans? various medical conditions, treatments as well as
arrangements with external vendors such as these Client purchasers are rightfully concerned qualified clinicians to provide these services, so will
should have the contract documents reviewed about reimbursement for telemedicine services. the need for healthcare attorney expertise.
carefully. Items of importance in your review: A useful guide for Medicare reimbursement is
• Verify that the services to be provided are the Upper Midwest Telehealth Resource Center
appropriate for the client population of potential (see http://www.umtrc.org/resources/payers- David Schweighoefer is the chair
patients. reimbursement/medicare-telehealth-reimbursement- of Day Ketterer’s Health Care Law
• Be advised that often the vendor makes no summary/?query=category.eq.Payers%20 Practice Group. He represents and
representations or warranties about the abilities reimbursement&back=Resources). counsels clients regarding transactional
of their telemedicine providers. They accept A useful guide to Ohio Medicaid telemedicine legal guidance and strategic advice.
representations made by the clinician/provider reimbursement is: Typical matters include regulatory compliance,
as fully capable and in good standing, but the www.wecounsel.com/telemedicine/ corporate compliance program development, provider
client-provider or purchaser must determine reimbursements-by-state/ohio-telemedicine- insurance contracting, RAC and ZPIC audits and
if the telemedicine clinician/provider has the telehealth-reimbursement-overview/. appeals, federal reimbursement overpayments,
requisite qualifications. Commercial payers reimburse according to their employment contracts, vendor agreements, and
• In the event the telemedicine clinician provider published rate schedules, and clients should be practice acquisitions and mergers. He has been a
should terminate his or her relationship with advised to heed prior authorization and medical CMBA Member since 2004. He can be reached at
the telemedicine vendor, what effects and necessity documentation requirements. (330) 458-2142 or deschweighoefer@dayketterer.com.
March 2019 Cleveland Metropolitan Bar Journal | 33