Telemedicine Management Services Agreements: Corporate Practice of Medicine, Fee-Splitting, Regulatory Compliance

Mr. Cohen practices in the firm’s nationally recognized Life Sciences practice. He counsels healthcare services, life sciences, and healthcare IT clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure and certification. Mr. Cohen’s experience also includes extensive work on healthcare transactions, with deep experience assisting clients in transactions involving and providing counsel to health IT companies such as telemedicine providers and electronic health record, mobile health (mHealth), and digital health companies. In addition to his transactional work, Mr. Cohen has a long track record of successfully representing healthcare and life science clients in government investigations and litigation. Mr. Cohen is a Visiting Instructor at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law and is a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law.

Widely recognized as a digital health thought leader, Mr. Sherer counsels health care providers and suppliers – including hospital systems, national telehealth platforms, investors and digital health startups – on issues involving regulatory compliance, transactions and innovative business arrangements. He advises clients on the full range of regulatory health care issues facing digital health stakeholders. His telehealth experience includes advising on compliance with state licensure requirements for physicians and non-physician practitioners, corporate practice of medicine issues, remote prescribing (including controlled substances), patient consent and Medicare, Medicaid and commercial reimbursement. Mr. Sher advises clients on compliance with laws against fraud and abuse, including federal and state anti-kickback and self-referral laws, as well as privacy issues arising under HIPAA and its state-level counterparts. He has substantial experience pertaining to structuring, operationalizing and scaling “PC-MSO” arrangements across all 50 states. Mr. Sherer also advises venture capital and private equity firms conducting regulatory diligence associated with investments in digital health and health care technology ventures, from seed stage funding to nine-figure raises.

Ms. de la Houssaye is Co-Leader of the firm's Healthcare Litigation Team and Chairs the Healthcare Industry Telemedicine Team. She works extensively with hospitals, health systems, providers, and start-up companies to structure and integrate telemedicine, telehealth, and digital health platforms. Ms. de la Houssaye has a broad-based litigation and healthcare regulatory practice advising clients from across the industry spectrum. Drawing on her more than 25 years in private practice and her firsthand experience as co-founder of and general counsel to one of Louisiana’s first teleradiology networks, she helps clients navigate the rapidly developing regulatory landscape affecting today’s healthcare delivery, including U.S. FDA application and registration processes and emergency use authorization approvals, U.S. Centers for Medicare & Medicaid Services coverage issues, state corporate practice of medicine regulations, and issues arising during the COVID-19 era and beyond. An active member of the American Telemedicine Association, Ms. de la Houssaye speaks and moderates sessions at its yearly fall forums and annual meetings.