In today’s video, we discuss healthcare law issues in a digital, telehealth functional medicine practice or business.

I’m Michael H. Cohen, founding attorney of the Cohen Healthcare Law Group. We help healthcare industry clients navigate healthcare and FDA legal issues and successfully launch or continue to grow their health and wellness product or service.

Let’s take the example of Joe, the MD who lived in one state and moved to another. His problem was, his patient base lived in the old state.

In previous videos, we talked about how, even through telehealth startups, standards are being relaxed by many states in the era of a pandemic, but we want to say that issues like Standard of Care can still be problematic.

Part of the standard of care is the evaluation.  Some states, such as for example Florida, expressly require a telehealth evaluation.   To be on the safe side, wherever you are, document all aspects of care, including email, text, photos, phone calls, and so on, in the medical record.  This is easily done by using a dedicated patient portal.

Of course, there are also the usual questions about, can you even practice in a remote state and if a license is required.  Some of these requirements have been relaxed during COVID-19, others may snap back into place.  We have some resources on our healthcare and FDA law blog; we also can advise you in more detail during a Legal Strategy Session or other phase of work.

Another regulatory requirement you’ll often find in telemedicine statutes is the requirement that the medical doctor sufficiently identify the patient’s identity.  This helps protect against improper disclosure of medical information.

Telehealth statutes and regulations can be very detailed, and, they’re constantly changing, so it makes sense to get a good legal read before converting to a digital practice, or simply to stay refreshed on the legal landscape so as to avoid pitfalls moving forward.

Thanks for watching. Here’s to the success of your healthcare venture, as always, we look forward to speaking with you soon.