Telemedicine Companies Lawyer
When you own or operate a telemedicine business, you may be dealing with a variety of legal issues on a daily basis. These legal issues do not have to distract you from doing what you do best at your company.
Innova Health Law brings a comprehensive bottom-up approach to working with telemedicine companies nationwide, standing ready to assist you in all aspects of your business. Whether it is in the formation or operation of your company, dealing with regulators or representing you in a dispute, we are a one stop shop for your telemedicine business. You will need a telemedicine company attorney in your corner, and Attorney Matthew R. Ludowig will be there.
Innova Health Law is located at 2100 W Loop S #700, Houston, TX 77027, USA, in the Tanglewood area. Call us today at (281) 936-9904 to speak to a telemedicine companies lawyer.
Common Legal Issues Telemedicine Companies Face
Not only do telemedicine companies need to provide care for their patients in accordance with their professional responsibilities and the duty of care that they owe patients, but they may also face the following legal issues during their operation:
Licensing and Credentialing: Your business would need to be licensed in any state that it provides medical services to patients
Billing: You must properly bill Medicare, Medicaid and insurance companies, both to receive the money you are owed and to avoid False Claims Act issues
MSA Agreements: Your business may need a management service agreement if there is a non-physician who is substantially participating.
Providing Patient Care: A telemedicine company may be subject to malpractice lawsuits from patients
Litigation Defense: Pharmaceutical companies may sue a telehealth provider, alleging that they are infringing on their patents by selling unapproved versions of their own medications. An attorney must be involved early if the telemedicine business is facing these allegations because patent infringement damages can be significant.
Regulatory Concerns for Telemedicine Companies
Telemedicine companies face their own unique issues that locally-operated practices may not. Telemedicine companies may do business across state lines. The business must be licensed in every state in which they provide services to patients. If a telemedicine company is providing services to patients in a certain state, they must be familiar with the laws of that specific state. The laws in each of the 50 states may vary from each other significantly.
In some states, a business entity may not be legally allowed to hire and employ doctors. In that event, they would have to become affiliated with a physician-owned entity as a management services organization, necessitating a contractual arrangement.
You may also need to deal with the following other types of regulatory issues:
- Protecting patient privacy under HIPAA
- Complying with FDA regulations for devices and technology
- How to prescribe medications (especially for controlled substances)
- Federal laws affecting telemedicine, including the Affordable Care Act
Business Legal Issues for Telemedicine Companies
A telemedicine company usually begins as a startup business. Before you can even begin operations, you must select the appropriate corporate form and have all of the necessary documents drafted. A telemedicine company attorney can assist you with the business issues involved in your formation and operation.
Every telemedicine company will have a myriad of contractual relationships, even more so than standard medical practices. The company could have agreements with:
- Healthcare providers and facilities
- Systems and technology companies
- Employees and independent contractors
- Vendor and technology licensing partners
It is essential that these agreements are comprehensive and correct before they are signed because your company would be bound by them to the letter.
Dispute Resolution for Telemedicine Companies
As a telemedicine company, you may find yourself involved in disputes with a number of other parties. Because of the technology aspect of your business, these disagreements could be even more complex in nature. It is essential that you are proactive and get legal help early if you are engaged in a dispute.
Early intervention from a telemedicine company attorney could be crucial to resolving the dispute without the need for litigation. You may consider open communication or mediation with the other party to deal with any disagreements. If you end up involved in a lawsuit, a telemedicine lawyer can vigorously represent you in court.
How a Telemedicine Company Lawyer Can Help You
A telemedicine lawyer can help you at various stages, both in the formation and operation of your business. They can assist with the business startup process, both in structuring your company and working with you on a plan. Your telemedicine attorney can draft and review any necessary agreement, structuring it in a way that could help you avoid issues with corporate practice of medicine or anti-kickback laws.
During the operation of your business, a telemedicine attorney can interact with regulators on your behalf if there are any issues. They can represent or defend you in court if you are involved in any disagreements regarding your business. A telemedicine lawyer can also help you remain in compliance with the myriad of laws that you must follow.
Contact a Nationwide Telemedicine Law Firm Today
Speak to Innova Health Law to learn more about how the law may affect your telemedicine company and what you can do to remain in compliance with it. You can schedule a free discovery call by visiting our website or by calling us today at (281) 936-9904.