Schedule

Asha B. Scielzo, AHLA President, Director, Health Law & Policy Program, American University Washington College of Law

Evan M. Hellman, Foley & Lardner

• Session description to follow

Theresa Langley, Husch Blackwell LLP
David O'Neal, Parker Hudson Rainer & Dobbs LLP
Catherine Wagner, Trial Attorney, US Department of Justice

• Session description to follow

Catherine Allison, Assistant General Counsel, Health Affairs and Research Group, University of Kentucky
Allison M. Cohen, Baker Donelson Bearman Caldwell & Berkowitz PC

• Current state of extensions of telehealth waivers and flexibilities
• Virtual direct supervision of services for incident to billing and in teaching settings
• Remote services furnished by outpatient departments
• Enrollment and interjurisdictional reassignment issues
• Payment policies for remote physiologic and therapeutic monitoring and other remote services

Ashleigh Giovannini, Health Privacy Law Compliance Senior Associate, CAI Global - Center of Excellence for Protected Health Information
Shalyn Watkins, Holland & Knight LLP

• Distinguish between classification as a Covered Entity, Business Associate, and the intricate quasi-Covered Entity model encountered in innovated telehealth models today
• Distinguish between and describe the integration of federal and state health information and health data laws and regulations
• Evaluate the latest legal and regulatory developments surrounding the collection, use, disclosure, and commercialization of health data by telehealth companies for analytics and other business purposes
• Define key terms and discuss the collection, use, disclosure, and commercialization of certain auxiliary data elements (e.g., metadata, geolocation data, device-identifiers, etc.) by third-party vendors using practical examples
• Identify common cybersecurity vulnerabilities and legal risk derived from sensitive data sharing practices and inform the audience on other key considerations for overseeing enterprise data collection activities
• Provide the audience with actionable insights on privacy compliance, vendor due diligence, contract negotiation, and best practices for the collection, use, disclosure, and protection of sensitive data elements

Leann Habte, Best Best & Krieger LLP
Jacqueline Seitz, Deputy Director of Health Privacy, Legal Action Center

• Overview of federal health privacy protections for behavioral health data
• Application of 42 CFR Part 2 (federal confidentiality regulations for substance use disorder treatment records) to telehealth
• Recent updates to 42 CFR Part 2, including new civil and criminal enforcement
• Key compliance considerations and practical implementation tools for telehealth providers treating substance use disorder

Avery Schumacher, Epstein Becker & Green
Joseph M. Sgro, Associate General Counsel, Trihealth

• Key considerations involved in structuring telehealth arrangements between hospitals, physician groups, and digital health vendors
• Practical negotiation insights and strategies from in-house and outside counsel perspectives
• Regulatory challenges that could inform and impact the structure of these arrangements, such as addressing licensure, scope of practice, corporate practice of medicine, reimbursement, fraud and abuse, and privacy and security related issues within the written agreement
• Digital health specific contract provisions to be aware of, including those on credentialing by proxy, technology partnerships, and data ownership
• Practical guidance and actionable tips for stakeholders navigating the evolving digital health contracting landscape