Tag Archives: telehealth

The Ins and Outs of Florida’s 2015 Legislative Session for Health Care Providers

10 Indest-2008-7George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in the Legal Specialty of Health Law

Committees are busy in Tallahassee as the 2015 Legislative Session is set to begin on March 3, 2015. For Florida physicians and other health care providers, now is the time to review the legislative bills that could affect you and your practice. There are many bills pending that could impact the future of medical practice and health care delivery in Florida.

On the table are some recognizable bills from last year, as well as a few new ones. To stay up to date on the 2015 Legislative Session as it relates to health care, check this blog regularly.

Bills Up for Consideration.

The two most profiled issues from the 2014 Legislative Session are back.

– House Bill (HB) 547 and the companion Senate bill (SB) 614 would give nurse practitioners the ability to prescribe controlled substances. It would also expand their scope of practice, which would exempt them from the requirement that certain medical acts be performed or supervised by a physician. To learn more on this bill, click here for our previous blog.

– HB 545 and the companion Senate bill SB 478 defines what is determined to be telemedicine or telehealth. These bills call for coverage in Medicaid programs. Lawmakers state an agreement has been made to require health care providers to be licensed in Florida to provide telemedicine in the state. House and Senate leaders have expressed confidence they will reach an agreement this year on telemedicine. Click here to learn more on telemedicine in Florida.

Each bill could dramatically change the landscape of the practice of Florida medicine.

Keep an Eye on These Additional Bills.

Other pending bills that could impact the delivery of health care in Florida, include:

– SB 516 addresses insurance coverage and reimbursement issues for emergency services;

– HB 279 would allow pharmacy interns to administer vaccinations to adults;

– HB 281 and SB 532 would allow licensed physician assistants under physician supervision to order controlled substances in the hospital setting; and

– HB 515 and SB 710 revise the scope of physical therapists and prohibit individuals with doctorates in physical therapy to present themselves as a doctor without informing the public of his or her actual profession as a physical therapist.

In Conclusion.

The 2015 Legislative Session is packed with bills that, if approved, will affect physicians, physician assistants, nurses, and other health care providers. As a health care provider, knowing the ins and outs of these bills can save you from the headache and possible fines that could come from non-compliance. We urge you to become involved with these issues. If you would like to know more, you can contact your local medical society. Again, we will stay on top of the progress of these bills, so check this blog regularly.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents physicians, pharmacists, pharmacies, optometrists, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, HIPAA complaints and violations, NPDB actions, inspections and audits involving the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.

Sources:

Stone, Rick. “PAs, Nurse Practitioners Could Get Prescribing Authority.” Health News Florida. (February 11, 2015). From: http://health.wusf.usf.edu/post/pas-nurse-practitioners-could-get-prescribing-authority?utm_source=Health+News+Florida+eAlert+subscriber+list&utm_campaign=e231ee3f8a-Friday_February_13_20152_13_2015&utm_medium=email&utm_term=0_8d22eaa6f6-e231ee3f8a-249582973

Saunders, Jim. “Telemedicine Deal Likely in 2015, Legislators Say.” Orlando Sentinel. (February 3, 2014). From: http://www.orlandosentinel.com/news/politics/os-florida-telemedicine-deal-20150203-story.html

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1999-2015 The Health Law Firm. All rights reserved.

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Open for Registration: Telemedicine Association Begins Telemedicine Accreditation

Lance Leider headshotBy Lance O. Leider, J.D., The Health Law Firm

The American Telemedicine Association (ATA) recently announced that it was accepting a limited number of applications for its telemedicine provider accreditation program. According to the ATA the purpose of the accreditation is to recognize organizations that provide top-notch online health care services. The ATA calls the service its “Accreditation Program for Online Patient Consultations.”

Details on ATA’s Accreditation Program.

Eligibility to register and apply for accreditation is aimed at any United States based organization that provides real-time interactive doctor-patient interactions via live online video services. Currently the ATA is not certifying so-called “store-and-forward” providers. However, this may be a possibility in the future as this technology becomes more widely used.

The ATA’s standards for the accreditation program are modeled after those found in state and federal laws and regulations, industry best practices, and input from the community. The primary focus is on robust policies and procedures, appropriate areas of practice (i.e. online treatment is appropriate for the illness), and patient health and safety.

Telemedicine Laws Different in Every State.

As with any health care good or service, the rules and regulations differ widely from state to state and with federal payors like Medicare. It is important to check your state medical board’s rules and opinions on telemedicine to avoid disciplinary action for inadvertently violating the medical practice act or some other applicable regulation.

Also note some states that permit telemedicine still require the physician to be licensed in the state in which the patient resides. Before engaging in telemedicine services, you should also look at the regulations in the states in which your patients are located to see if you need to have a license. Being accredited, while certainly a step in the right direction, will not necessarily exempt you from compliance with the law.

There has been a recent push to expand the scope of telemedicine services that are payable by Medicare. If these efforts are successful, there will undoubtedly be a spike in the number of providers offering remote services. Additionally, many private insurers have been piloting programs to see if the purported savings offered by telemedicine actually reduce the cost of claims.

Comments?

What do you think about the ATA’s accreditation program? Where do you think telemedicine will be in five years? Please leave any thoughtful comments below.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The services we provide include reviewing and negotiating contracts, business transactions, professional license defense, representation in investigations, credential defense, representation in peer review and clinical privileges hearings, Medicare and Medicaid audits, commercial litigation, and administrative hearings. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.

About the Author: Lance O. Leider is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.