From the mHealthNews archive
What do you do when technological promise outpaces the current rules? To mHealth stakeholders, that’s hardly a rhetorical question. Indeed, it feels like a daily event, as new ideas and proposals are constantly running up against the question, “Are we allowed to do that?”
On December 10 at the HIMSS Media mHealth Summit at the Gaylord National Resort and Convention Center just outside Washington D.C., Florida-based attorney Nathaniel Lacktman will walk mHealth stakeholders through – and possibly around – the hurdles before them in “Legal and Regulatory Challenges (and Solutions!) in Telemedicine and mHealth.”
With significant experience representing provider organizations of all sizes as well as a focus on regulatory compliance issues, Lacktman has looked closely at the implications of mHealth regulation when it comes to provider licensing and scope of practice.
“One of the interesting and frustrating things,” he said, “is that mHealth technology is far outpacing the associated regulations. It’s a problem because while there a lot of new technologies out there in mobile, and it’s cheaper and more convenient, the healthcare industry is highly regulated and providers are particularly sensitive to complying with regulations. They don’t have as high an appetite for risk as is found in other sectors.”
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That’s not at all surprising, he noted, as sanctions against providers can end careers, or at least lead to exclusion from Medicare and Medicaid programs.
“When states fail to promulgate mHealth regulations specifically, or when they’re vague, providers are reluctant to move enterprises into those states for fear of not being able to comply," he said. "They don’t want to take that risk.”
The good news, Lacktman said, is that the situation is changing – though still too slowly for many stakeholders and, by extension, the patients who would benefit from the benefits of increased mHealth options.
In Florida, for example, Lacktman said, Gov. Rick Scott is pushing to get new mHealth regulations implemented, and about 20 states now require managed care plans to pay for telemedicine services the same as they would for in-person visits.
Lacktman is quick to add that caution is far from a bad thing, given the stakes involved when it comes to ensuring patient safety.
“So there’s still some discomfort in allowing the provision of healthcare if it’s not face-to-face,” he said.
In his presentation, Lacktman will walk attendees through a series of hypothetical examples concerning compensation arrangements, contracting and employment, and the myriad issues that can arise when providers want to launch mHealth operations across state borders.
“It’s really important for providers to know the regulatory landscape ahead of time,” he said, “rather than plan along the way.”
To register visit the mHealth Summit website.
