Florida Tax Watch Telehealth Cornerstone Conference Telehealth Update November 19-20, 2014

Transcription

1 Florida Tax Watch Telehealth Cornerstone Conference Telehealth Update November 19-20, 2014 Troy A. Kishbaugh Health Law Practice Group 301 E. Pine Street, Suite 1400 Orlando, FL Sarah L. Mancebo Health Law Practice Group 301 E. Pine Street, Suite 1400 Orlando, FL

2 Telehealth and Telemedicine Terms Definitions and terms vary by state and the federal government. The Centers for Medicare & Medicaid Services ( CMS ) uses the word telehealth. The Florida regulations use the word telemedicine. The American Telemedicine Association uses the terms interchangeably as synonyms. Other terms: Interstate practice of medicine, remote medicine, practicing medicine by electronic means, and some use the words interchangeably. 2

3 What do the Telehealth/Telemedicine Terms Mean? Telehealth: A broader scope of remote health care services, includes clinical and non-clinical services (i.e., provider training, administrative meetings and continuing medical education). Telemedicine: services. Remote clinical health care 3

4 CMS definition Multimedia communications equipment that includes, at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site physician or practitioner. Telephones, facsimile machines, and electronic mail systems do not meet the definition of an interactive telecommunications system. 4

5 Florida definition The practice of medicine by a Florida licensed physician or physician assistant where patient care, treatment or services are provided through the use of medical information exchanged from one site to another via electronic communications. Defined term in the Florida regulations the Florida Statutes do not define telemedicine. 5

6 Florida Regulations Key Provisions A physician-patient relationship may be established through telemedicine. Physicians licensed in states outside of Florida cannot practice telemedicine in the state. Controlled substances cannot be prescribed through telemedicine unless the patient is hospitalized by a licensed hospital. 6

7 Florida Laws and Legislative Bills Landmark telemedicine legislative bill failed in Died in the Health & Human Services Committee. The proposed House bill provided practice standards for telehealth providers and allowed physicians licensed in other states, as well as Florida physicians, to register with the state prior to offering telehealth services to patients. 7

8 Florida Laws and Legislative Bills A related proposed Senate bill required outof-state physicians get a Florida license to practice medicine. Supporters of telemedicine believe the Senate version would slow the advancement of telehealth in the state and slow the progress of new technology. 8

9 Future Trends Researchers project exponential increases in the use of telehealth. Projections estimate 7 million patients will use telehealth by Enables health care providers to expand their geographical reach by delivering care to distant patients (i.e., rural locations) coupled with cost savings. 9

10 Case Study Examples On-call physicians provide treatment via electronic means (treatment of minor conditions like sore throats, earaches, skin rashes). Physicians provide ambulatory medical consultation services while patients are en route to hospitals. 10

11 Questions 11

12 GrayRobinson, P.A., provides a variety of legal services from 12 domestic offices. The GrayRobinson webinars are intended to provide information of general interest to the public and are not intended to offer legal advice about specific situations or problems. GrayRobinson does not intend to create an attorney-client relationship by offering this information, and anyone's review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. 12