“EP191: Telehealth Industry Updates, With Nate Lacktman, Partner at Foley & Lardner LLP and Chair of the Telemedicine Industry Team”
by Stacey Richter

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I saw one definition of telehealth as “the provision of healthcare remotely by means of telecommunications technology.” The US Department of Health and Human Services defines telehealth as “the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health and health administration.” Today I speak with Nate Lacktman, a partner at the law firm of Foley & Lardner LLP and chair of the firm’s Telemedicine Industry Team, about telehealth goings-on that you in the industry really should know about.

Go to foley.com/telemedicine or healthcarelawtoday.com to learn more.

Nathaniel (Nate) Lacktman is a partner with the law firm Foley & Lardner LLP, where he is the chair of the firm’s Telemedicine Industry Team. He advises health care providers and technology companies on business arrangements, compliance, and corporate matters, with particular attention to telehealth, digital health, virtual care, and health innovation. Working with hospitals, entrepreneurs, and start-ups to build telemedicine arrangements across the United States and internationally, his practice emphasizes strategic counseling, creative business modeling, and fresh approaches to realize clients’ ambitious and innovative goals.


01:42 How Nate defines telemedicine.
02:25 Asynchronous vs synchronous debate.
02:46 The established gold standard of telemedicine.
03:38 Radiology as a prime example of asynchronous medicine.
05:30 Asynchronous precedent for reimbursement.
05:55 Interesting use cases of telemedicine.
08:20 More complex examples of asynchronous medicine use cases.
09:40 Distinguishing direct-to-consumer telemedicine from institutional telemedicine contracts.
10:08 Remote interpretive reads.
12:17 “No one at a health plan wants their members to have untreated diabetes.”
12:21 “It is their job to help provide access and quality care to their members.”
13:26 Fee-for-service payments vs value-based payments in telemedicine.
16:13 A poorly written state telemedicine law example.
21:22 “The shift from fee-for-service to risk-based care has not happened as fast as anyone anticipated.”
23:33 The fears in telemedicine.
25:55 Making entrepreneurial clients aware of medical laws, terms, and concepts.
27:42 Anti-kickback laws and how they apply to telemedicine.
30:39 What’s happening in Medicare with telemedicine.
33:35 Telemedicine prescribing of controlled substances.
35:21 Go to foley.com/telemedicine or healthcarelawtoday.com to learn more.