Advising Telehealth and Mobile Health Clients
Telehealth, mobile health (mHealth) and other communication technologies are changing the way health care services and health education is delivered in the United States and around the world. While these innovations are designed to enhance health care diagnosis, management, public health and education, entities developing and implementing these services operate in a complex and dynamic regulatory environment.
HMBR understands the tremendous challenges companies face as they try to navigate an area where the law often does not keep up with technological advances. We are well equipped to counsel telehealth clients on a wide range of legal matters, including:
- Corporate structure and governance
- Prohibition against the corporate practice of medicine
- Compliance with state licensure and state telemedicine laws
- Health information security and privacy issues
- Credentialing issues
- IT contracting and due diligence
- Mitigation of potential liability risks
At HMBR, we incorporate a multidisciplinary approach to assist clients operating in the telehealth setting. We harness the knowledge and skills of attorneys across our firm’s diverse practice groups to ensure that clients have the information and resources they need to overcome legal challenges and achieve their business goals.
The attorneys at our firm are also familiar with the evolving legal issues surrounding the development of mHealth technologies, such as mobile health applications, or mHealth “apps.” In addition to potential HIPAA, HITECH and other data privacy and security requirements, companies developing mHealth apps also need to consider whether the mHealth technology is regulated by the Food and Drug Administration (FDA). HMBR attorneys have a solid understanding of how the FDA classifies and approves mobile medical applications and other mHealth devices and are well prepared to assist clients in the development of these products.