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Telemedicine & Corporate Practice of Medicine 2012 ATA Annual Meeting

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Presentation on theme: "Telemedicine & Corporate Practice of Medicine 2012 ATA Annual Meeting"— Presentation transcript:

1 Telemedicine & Corporate Practice of Medicine 2012 ATA Annual Meeting
Alexis S. Gilroy, J.D. April 30, 2012

2 On-Going Legal Hurdles for Telemedicine
Licensure Prescribing medication without in-person exam FDA/Medical Device Credentialing and Privileging Privacy and Data Security (HIPAA & HITECH) Intellectual Property (Who owns the data?) Reimbursement Coverage Malpractice/Supervision…….AND

3 Corporate Practice of Medicine & Splitting Fees with Professionals
One without a license by the medical board has no professional rights, privileges or powers and therefore may not engage in the practice of medicine directly or indirectly by employing licensed professionals. Some States prohibit fee-splitting or revenue-sharing with physicians. Long-standing exemptions in most States include hospitals.

4 Where do the States Stand?
Around 30 States have some form of CPOM or fee-splitting prohibitions Some States are notably active with enforcing CPOM requirements—NY, CA, NC, TX

5 Protecting a Licensed Professional's Integrity for Decision-Making
So, What's the Big Deal? Free-Trade & generation of better business economics within delivery of Healthcare Protecting a Licensed Professional's Integrity for Decision-Making Vs. So, can we let professionals focus on healthcare while others handle business issues

6 Potential Corporate Relationship with Professional Entity*
-Professional Services -Oversight for Professional Staff -All Clinical Decisions Management Company -Equipment -Administrative -Scheduling -Contract Negotiation -Billing Coordination Professional Entity Documentation must carefully maintain corporate separateness and each party's responsibilities in an arms-length manner. *Corporate Practice of Medicine evolves and states differ widely in enforcement and doctrine. This slide is for demonstration purposes only.

7 Practical Issue to Consider
Corporate Structure Contractual Relationships Reimbursement/Payor Enrollment Bank accounts Insurance Coverage Employer/Contractor of Professionals (including Nurses & NPs) Medical Records

8 Contact for Additional Information
Alexis S. Gilroy Nelson Mullins Riley & Scarborough 101 Constitution Ave., NW Washington, DC 20001 (202) Twitter: EHealthLaw

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