telemedicine: challenges and opportunities

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Telemedicine: Challenges and Opportunities David Harlow JD MPH THE HARLOW GROUP LLC blog • healthblawg.com twitter • @healthblawg Health Law Symposium Boston May 20, 2016

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Page 1: Telemedicine: Challenges and Opportunities

Telemedicine: Challenges

and OpportunitiesDavid Harlow JD MPHTHE HARLOW GROUP

LLCblog • healthblawg.com

twitter • @healthblawg Health Law SymposiumBostonMay 20, 2016

Page 2: Telemedicine: Challenges and Opportunities
Page 3: Telemedicine: Challenges and Opportunities
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Dynamic Tension

One foot in the past, one foot in the future.

Page 5: Telemedicine: Challenges and Opportunities

Cost & Quality

Page 6: Telemedicine: Challenges and Opportunities

Telemedicine Modalities

Synchronous Asynchronous

Remote Monitoring Mobile Health

Page 7: Telemedicine: Challenges and Opportunities

Live Video (Synchronous)Image credit: IntelFreePress via Flickr CC

Page 8: Telemedicine: Challenges and Opportunities

Market Driven

Page 9: Telemedicine: Challenges and Opportunities

Health Insurance Exchange - Network Adequacy• Colorado to recognize telemedicine

providers for network adequacy requirements for some specialties (2017)• Seems to be isolated instance thus far,

even though NAIC has built telemedicine providers into its model approach to assessing network adequacy• Urban Institute report

Page 11: Telemedicine: Challenges and Opportunities

Limited by State Medical Boards

Page 12: Telemedicine: Challenges and Opportunities

Interstate MedicalLicensure Compactlicenseportability.org

Page 13: Telemedicine: Challenges and Opportunities

Can practice limits imposed by a medical board be an antitrust violation?

Page 14: Telemedicine: Challenges and Opportunities

North Carolina – Teeth Whitening

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The Supremes said: “a state board on which a controlling number of decisionmakers are active market participants in the occupation the board regulates” may invoke the state action defense only when two requirements are satisfied: first, the challenged restraint must be clearly articulated and affirmatively expressed as state policy; and second, the policy must be actively supervised by a state official (or state agency) that is not a participant in the market that is being regulated. N.C. State Bd. of Dental Exam’rs v. FTC, 135 S. Ct. 1101, 1114 (2015).

Page 17: Telemedicine: Challenges and Opportunities

Texas – Board Bars Prescription Without F2F Encounter & Teladoc Sues• This fight has dragged on for five years already …• Initial bar: By letter … Eventually: By regulation • Teladoc won in US District Court, Texas Medical

Board appealed to 5th Circuit Court of Appeals

Page 18: Telemedicine: Challenges and Opportunities

Bringing up the rear …

• Indiana’s F2F rule for Rx writing has been eliminated (except for controlled substances) effective July 1, 2016. • Alaska, Arkansas & Texas

still require F2F visit to establish physician-patient relationship

Page 19: Telemedicine: Challenges and Opportunities

Massachusetts• Prescribing physician must have physician-

patient relationship• Rule arose in context of online

pharmacies• State licensure required (not part of

compact)

Page 20: Telemedicine: Challenges and Opportunities

Expanding into chronic and behavioral health

Page 21: Telemedicine: Challenges and Opportunities

Asynchronous (Store & Forward)

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Remote Monitoring

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Mobile Health (Apps)

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Progress . . .

Page 31: Telemedicine: Challenges and Opportunities

for contact info txt dharlow to 50500or scan the QR code

harlowgroup.nethealthblawg.com

twitter.com/[email protected]

Thank You David Harlow JD MPHTHE HARLOW GROUP

LLC