Telemedicine Requirements for Licensing and Scope of Practice

Dr. McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters. Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.

Widely recognized as a digital health thought leader, Mr. Sherer counsels health care providers and suppliers – including hospital systems, national telehealth platforms, investors and digital health startups – on issues involving regulatory compliance, transactions and innovative business arrangements. He advises clients on the full range of regulatory health care issues facing digital health stakeholders. His telehealth experience includes advising on compliance with state licensure requirements for physicians and non-physician practitioners, corporate practice of medicine issues, remote prescribing (including controlled substances), patient consent and Medicare, Medicaid and commercial reimbursement. Mr. Sher advises clients on compliance with laws against fraud and abuse, including federal and state anti-kickback and self-referral laws, as well as privacy issues arising under HIPAA and its state-level counterparts. He has substantial experience pertaining to structuring, operationalizing and scaling “PC-MSO” arrangements across all 50 states. Mr. Sherer also advises venture capital and private equity firms conducting regulatory diligence associated with investments in digital health and health care technology ventures, from seed stage funding to nine-figure raises.