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The COVID-19 pandemic has posed unique risks and challenges in almost all sectors around the globe, including the healthcare industry. Because of this, changes in the ways that healthcare is delivered have also been significantly impacted.
As in the decades prior to the COVID Public Health Emergency (“PHE”), telehealth is the new pathway for the treatment of patients who are unable to, or choose not to, pursue mental health services in their traditional, in-person format. The positive claim is that telehealth has made it possible for healthcare organizations and professionals to meet the increasing demands of today’s unique care needs and to incorporate methodologies designed to reach underserved patients and promote equal access to necessary care.
In the last decade, we have seen pronouncements on the absolute necessity to expand telehealth in the mental health treatment sphere to address serious unmet healthcare needs, to ameliorate health disparities/inequalities and foster health equity, and to advance governmental social policies to improve the delivery of healthcare to disadvantaged social groups-such as the poor, racial/ethnic minorities, or other groups who have persistently experienced social disadvantage or discrimination in the U.S. health care system.
This CLE will provide an in-depth discussion of the growing role of telehealth in behavioral healthcare amidst the COVID-19 crisis and the future of telehealth in the delivery of mental health treatment in the post-PHE world while ensuring compliance with relevant regulations.
Key topics to be discussed:
Date / Time: April 18, 2023
Mark Zafrin | Offit Kurman Attorney at Law
With over 30 years of experience, Mark Zafrin is a Mergers and Acquisitions attorney with a varied clientele, emphasizing health care business matters. Mr. Zafrin regularly advises long-term care and behavioral health providers on highly complex mergers and acquisitions of healthcare facilities, hospitals, federally financed clinics, ambulatory surgery centers and helping his clients with health care licensing, operations, and reimbursement. Mr. Zafrin utilizes his in-depth knowledge of HUD, FHA, conventional mortgage financing, mezzanine, private equity financing, and health care Certificate of Need applications on behalf of his clients.
He advises his clients, including nursing homes to assisted living centers and clinics, primary care clinics and free-standing renal dialysis centers on their FHA and conventional mortgage financing, regulatory issues, Medicare and Medicaid audits, and general corporate matters. He adroitly structures transactions to maximize the benefits accruing to tax planning and financing promoters. Mr. Zafrin has an in-depth knowledge of 1031 Exchanges and is an adroit user of investment and ownership vehicles such as Delaware Statutory Trusts, Series LLC’s, and Tenancies in Common. Mr. Zafrin has significant expertise in negotiating and drafting sales and purchase agreements, arranging for his clients to finance acquisitions, renovations and construction. He routinely assists with loan preparations, equity securitization transactions (such as REITs), equity funds, and partnership syndications of health care facilities. He regularly handles transactions involving HUD-insured, conventional, and tax credit financing, as well as mezzanine loan originations and restructurings and debt securitization transactions, including Real Estate Mortgage Investment Conduits.
Maggie DiCostanzo | Offit Kurman Attorney at Law
Maggie DiCostanzo is a principal attorney in Offit Kurman’s Healthcare practice group. For over 20 years she has focused her legal practice by representing physicians, hospitals, post-acute care facilities, and other healthcare professionals, delivering health law advice and counseling as well as representation in regulatory, general liability, and professional liability matters. She is also a registered patent attorney with the U.S. Patent & Trademark Office, and drafts licensing agreements and other intellectual-property-related documents. Ms. DiCostanzo also works with lawyers in Offit Kurman’s Business Law and Transactions practice group in the sale and purchase of medical entities. She stays up to date on emerging healthcare topics such as telehealth in order to best serve her clients, and regularly posts about healthcare legal issues in her HELP blog.
Ms. DiCostanzo has written extensively and spoken to physicians, nurses, and other healthcare professionals about reducing medical professional liability risk while enhancing patient interactions, satisfaction, and outcomes. Her research and knowledge in the area of post-adverse event communication gave her an opportunity to assist the Pennsylvania Health Care Association in the drafting of Pennsylvania’s Benevolent Gesture Liability Act, which permits healthcare professionals to express a “benevolent gesture” to patients and/or their families, without the benevolent gesture being used against them in the courtroom to prove negligence.
She has served as an adjunct professor at Pennsylvania State University’s York, Pennsylvania campus, providing education sessions for continuing education students in the areas of assisted living and personal care home facilities.
Jonathan M. Joseph | Christian & Barton LLP
Jonathan M. Joseph is a partner in Christian & Barton’s Health Care and Business Law practice groups. As a health lawyer, Mr. Joseph focuses his practice on health care transactions, managed care, and HIPAA compliance and investigations. He assists clients with drafting physician contracts and review of physician employment agreements, and also advises clients on medical staff issues; telemedicine and electronic health record and data breach issues; Virginia Board of Medicine investigations and hearings and orders; Medicare and Virginia Medicaid (DMAS) Managed Care Organizations (MCOs) provider contracting, reimbursement, and audit and appeal issues; and Virginia Department of Health Certificate of Need, in Virginia known as Certificate of Public Need (COPN), matters.
Mr. Joseph leads the firm’s Health Care practice group and is a member, and former chair, of the Virginia Bar Association Health Law Section Council. In addition, he is a former adjunct professor of health law for the Master of Health Administration program at Virginia Commonwealth University.
Joseph P. McMenamin | Christian & Barton LLP
Joe McMenamin, an experienced health law attorney and former emergency physician, focuses his practice on digital health law and distance care. In this capacity he advises telehealth providers on licensure, the provider-patient relationship, corporate practice issues, scope of practice, online prescribing, credentialing and privileging, privacy, risk management, and reimbursement issues as they pertain to telemedicine. He also advises clients respecting the application of artificial intelligence to health care and research, and general health law and business matters.
Dr. McMenamin is general counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (CTeL) Legal Resource Team. He frequently presents on virtual care and other cutting-edge health topics before both attorney and provider association conferences.
I. Problems that will arise when the waivers for payment and physician supervision of midlevels sunrise on the federal level | 2:00pm – 2:10pm
II. Narrowing of billing codes post-PHE | 2:10pm – 2:20pm
III. The legal ramifications of the Recovery Model in behavioral health post -PHE | 2:20pm – 2:30pm
IV. Assisted Outpatient Treatment integration with telehealth | 2:30pm – 2:40pm
V. HIPAA, state privacy law, and the need for Health Information Exchanges in telehealth | 2:40pm – 2:50pm
VI. Whether the existing methods of and modalities of structuring friendly PC model practices and private equity remain effective or is a new methodology needed | 2:50pm – 3:00pm
Break | 3:00pm – 3:10pm
VII. Centralized vs decentralized telehealth | 3:10pm – 3:20pm
VIII. New applications for telehealth in the hospital to home transition and in the nursing home environment | 3:20pm – 3:30pm
IX. Asynchronous virtual behavioral care-its risks and rewards | 3:30pm – 3:40pm
X. Offshore telehealth in behavioral health care | 3:40pm – 3:50pm
XI. The rise of licensing compacts and other approaches to ameliorating licensure problems | 3:50pm – 4:00pm
XII. Tort exposure as a function of heightened utilization | 4:00pm – 4:10pm