ARTICLE
18 October 2021

Telemedicine Regulation: What's Next | HIMSS TV

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
In a recent episode of the Virtual Care Paradigm, Nathaniel Lacktman, Chair of Foley's Telemedicine & Digital Health Industry Team...
United States Food, Drugs, Healthcare, Life Sciences

In a recent episode of the Virtual Care Paradigm, Nathaniel Lacktman, Chair of Foley's Telemedicine & Digital Health Industry Team, met with reporter Kat Jercich, Senior Editor of Healthcare IT News. They discussed Lacktman's philosophy on how regulation can be used to facilitate, rather than stifle, innovation in telemedicine and digital health. He also shared ideas on how entrepreneurs can keep pace with the changes to come. 

When asked what lessons the industry can learn from the changes to telemedicine laws introduced during COVID-19, Lacktman observed, "regulation, itself, is not inherently bad nor a barrier to innovation. Innovation is simply a process of change, introducing new and different concepts to make something better, whether that change occurs incrementally or through breakthrough leaps." Smart regulation, he opined, should be structured as a bridge to direct the industry from where it is today, to where we want it to be. Publicly-available guidelines, policies and FAQs can be an easy, effective means to give companies the confidence they want to pursue new ideas without the need to hire expert consultants and lawyers. 

With regard to specific telemedicine modalities, Lacktman said the better laws are modality-neutral and instead emphasize quality of care rather than proscribe specific tools that must be used in specific scenarios. The reality is, there are multiple modalities of care a clinician can draw upon when treating patients. The key is having the clinical skills to know when it is appropriate to use a particular modality or care device, as telemedicine is not always appropriate for every situation, just as an in-person exam is not necessary for every situation. The art and skill of the clinician knowing their own comfort level with technology is more important than publishing labyrinthine technical regulations that read like a Swedish furniture assembly instruction manual.

Join Us at HLTH

Join Lacktman, along with Foley partners Chris Donovan, T.J. Ferrante, Kyle Faget, and Senior Counsel Rachel Goodman, at the 2021 HLTH Conference in Boston on October 17-20. Foley & Lardner is a proud sponsor of this year's conference, and part of HLTH's Funding Founder Program. Learn more here.

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