Telehealth Regulation: Complying With Evolving Federal and State Requirements

Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services, life sciences, and healthcare IT clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure and certification. Mr. Cohen’s experience also includes extensive work on healthcare transactions, with deep experience assisting clients in transactions involving and providing counsel to health IT companies such as telemedicine providers and electronic health record, mobile health (mHealth), and digital health companies. In addition to his transactional work, Mr. Cohen has a long track record of successfully representing healthcare and life science clients in government investigations and litigation. Mr. Cohen is a Visiting Instructor at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law and is a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law.

Ms. de la Houssaye works extensively with hospitals, health systems, providers, and start-up companies to structure and integrate telemedicine, telehealth, and digital health platforms. She has a broad-based litigation and healthcare regulatory practice advising clients from across the industry spectrum. Drawing on her more than 30 years in private practice and her firsthand experience as co-founder of and general counsel to one of Louisiana’s first teleradiology networks, she helps clients navigate the rapidly developing regulatory landscape affecting today’s healthcare delivery, including U.S. FDA application and registration processes and emergency use authorization approvals, U.S. Centers for Medicare & Medicaid Services coverage issues, state corporate practice of medicine regulations, and issues arising during the COVID-19 era and beyond. As a pioneer and thought leader, Ms. de la Houssaye is regularly sought out by industry publications and organizations for her insights on digital health, telehealth, and the vastly expanding market. An active member of the American Telemedicine Association, she speaks and moderates sessions at its yearly fall forums and annual meetings.

Mr. Eades devotes his practice to medical staff governance, credentialing and peer review. As part of his practice, he regularly counsels clients on matters involving medical staff bylaws, accreditation standards, hospital licensure rules and the Medicare Conditions of Participation. Mr. Eades is routinely engaged by the firm's clients to assist with the drafting and implementation of Quality Assurance and Performance Improvement processes, peer review sharing arrangements, FPPE/OPPE processes and other medical staff policies and procedures addressing the conduct and competency of healthcare providers. Peer review confidentiality and peer review immunity are critical to effective hospital and medical staff quality review.