Gain an understanding on new applications of telehealth to health care services and continuing telehealth services in a post-COVID-19 world.
Digital health technology represents one of the fastest growing areas in health care delivery. It has been broadly adopted by federal and state government payers and represents a growing technology in other countries. The COVID-19 pandemic required a change in how health care services could be delivered in the interest of limiting exposure and virus spread as well as enabling increased access by patients to necessary physical and mental health services and general support. To address this, the United States government issued an unprecedented array of temporary regulation waivers and new rules to bolster its health care system providing maximum flexibility for the health care facilities and providers to respond to the pandemic. Other countries that have a national health system, expanded their programs to enhance the use of telehealth, following guidelines issued by the U.S. Centers for Disease Control, the World Health Organization and the European Centre for Disease Prevention and Control. The COVID-19 pandemic has shown that we are part of "One World" and that "local is now global" in the use of digital health technology. The laws, rules and regulations governing the use of telehealth during the public health emergency will give way to a more normalized approach to balancing the government's interest in protecting the public's health with the interest in protecting individual privacy and data security. All of this exists in a system that defines what is covered by the payers and how much will be paid to those providing the services and by which methods these services are being provided. This topic will be helpful to those who are attempting to sort out the next phase of telehealth in a post-COVID-19 world. The material will discuss the current telehealth technology available and speculate on its future use both domestically and abroad; and the barriers to entry into this expanding industry, the complex regulatory environment in which it operates and approaches to implementation. The following areas will also be addressed: foreign corrupt practices act; medical licensure, credentialing and privileging; privacy and security; fraud and abuse laws and professional liability.
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Sheryl Tatar Dacso, J.D., Dr.P.H.
Seyfarth Shaw LLP
- Partner with Seyfarth Shaw LLP
- Board certified in health law by the Texas Board of Legal Specialization; she has been an in-house counsel and has represented health care organizations, hospitals and physicians for over 35 years as outside counsel
- Concentrates her practice on managed care and health care delivery, health care compliance, regulations and transactions, including physician practice mergers, acquisitions and business ventures as well as digital health technology, telemedicine and rural health issues
- Practice includes the representation of nonprofit organizations such as Federally Qualified Health Centers, Certified Nonprofit Health Corporations, medical education foundations and research organizations
- She has written several text books and articles on a broad range of health care topics ranging from managed care contracting to virtual practice arrangements among physician practices and serves on the editorial board of E-Health, Law and Policy, and is a regular contributing author of a chapter in the BNA publication of E-Health, Privacy and Security Law (multiple editions)
- Holds faculty appointments at the University of Houston where she teaches a HIPAA course at the law school in the Health Law Institute and in the College of Technology, and teaches in the medical humanities program at the University of Texas Medical School as a McGovern Fellow
- A thought leader and frequent speaker on many health care topics such as health information technology including digital and e-health transactions, HIPAA and privacy, and telemedicine use and regulation as well as health care reform, Accountable Care Organizations (ACO), health information exchanges and the various rules and incentives associated with the use of electronic health records
- Was a pioneer in the early models of e-health and information technology as she counseled entrepreneurs, health care providers and academic medical centers on the use and deployment of this technology
- Prior to the introduction of ACOs under health care reform, she worked with clients to establish legal structures such as IPAs, PHOs and integrated delivery systems that could provide care to patients while managing financial and insurance risk; her experience in managed care contracting extends to shared risk arrangements
- Ranked notable practitioner, health care (Texas), Chambers USA (2016–2020); Texas Super Lawyers, top rated health care attorney (2017 - 2020); Recognized attorney, health law, Legal 500 (2015–2017); Best Lawyers in America, health care law (2010–present); Corporate Counsel’s 2012 Top Rated Lawyers Guide to Healthcare; Pro bono partner of the year, Seyfarth Shaw, LLP, 2019; Chambers USA, diversity and inclusion finalist for pro bono attorney of the year, 2019
Seyfarth Shaw LLP
- Partner in Seyfarth Shaw LLP’s Health Care, Life Sciences and Pharmaceutical Practice Group
- He counsels and represent hospitals, physician groups, post-acute providers, medical device manufacturers and independent diagnostic facilities regarding federal and state anti-kickback, Stark, HIPAA, licensing, FDA, Sunshine Act and false claim laws
- Seyfarth Shaw has been selected as a Tier 1 national Health Law practice by U.S. News & World Report; a leading, nationwide Health Law practice by The Legal 500; and one of the top 50 largest Health Care law firms by Modern Healthcare
- Has represented client in domestic and international digital health compliance, transactions and projects including, advising hospitals, physicians, ancillary providers and device manufacturers on HIPAA compliance for breach risk analysis, marketing rules, business associate relationships, Security Rule risk assessment compliance, and Privacy Rule disclosure and authorization compliance; representing electronic medical record (EMR) developer in licensing and subscription agreements for Beta and final versions of SaaS-based EMR and patient management platform
- Representing wearable health IT developer in HIPAA Security Risk Assessment and developing information security policies and procedures in response to same; representing a medical device manufacturer in device and associated SaaS license agreements for clinical trials in United States, UK, EU and Canada including advising on FDA, HIPAA and EU information privacy laws; representing a medical device manufacturer and affiliate diagnostic service provider in drafting and negotiation of master supply and service agreements in United States, Canada, UK, EU, and European Economic Area including advising on FDA, HIPAA and EU device safety and information privacy laws
- Oversaw a team of U.S. and International corporate and business attorneys in counseling medical device manufacturer and diagnostic testing facility on joint venture transaction with Turkish entity for remote cardiac monitoring services in Turkey and neighboring countries
- Has served as an adjunct professor at the University of Houston Law Center; he taught a class on HIPAA and information privacy and security
- Has been selected as a leading health care lawyer in Texas by Chambers USA every year since 2013
- Served in a leadership role with the American Health Lawyers Association both in the Fraud and Abuse Practice Group and the Hospital and Health System Practice Group
- A prolific speaker and author providing dozens of publications, in-person seminars and remote webinars for local, state and national platforms on the topics of health care fraud and abuse and health information privacy and security
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