At the beginning of COVID-19, telemedicine rules were softened on the state and federal level. In a previous blog post, we discussed the Medicare and Ryan Haight Act rules during the COVID-19 Public Health Emergency (“PHE”). The PHE was lifted on May 11, 2023, and there is no final rule modifying the Ryan Haight Act, so that leaves the question:
Do we go back to the strict Pre-Covid-19 telemedicine rules?
This post intends to answer that question. If you have questions about telemedicine rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
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Pre-COVID-19 Federal Prescribing Rules
Under the federal Ryan Haight Act, prescribing controlled substances generally requires that the Practitioner/prescriber conduct at least one in-person medical evaluation of the patient. 21 U.S.C. Sect. 829(e) (“Controlled substances dispensed by means of the Internet”). This is still the law on the books, but, as you’ll see below, there are still COVID-era exceptions in place as well as proposed rules to modify this law (nothing is final yet so it’s important to know the current law). Continue reading ›
















As a healthcare and business law firm, many of our clients come to us with questions relating to the proper ordering and management of controlled substances. As such, we wanted to take this opportunity to point out a recent update to the DEA’s Practitioner’s Manual.
Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spa’s have been
Our healthcare and business law firm works with many physicians in Georgia who are facing mental health and substance abuse difficulties. Sometimes those difficulties bleed into work and can cause work and/or licensure issues. Georgia offers an incredible resource dedicated to physician recovery in a way that protects Georgia citizens and minimizes career concerns for the physician—the Georgia Professional Health Program (“PHP”). This post provides 3 Facts about the Georgia PHP. If you are experiencing or are concerned about ramifications of a potential addiction or mental health disorder, in addition to seeking medical help, we recommend contacting an experienced attorney who can assist you through this difficult process and help minimize potential licensure and career impacts. If you have questions regarding this blog post or would like to speak with counsel regarding
As a healthcare and business law firm, we have many clients who participate in or wish to participate in pain management clinics. A previous blog post of ours provided an
Our healthcare and business law firm works with many providers and other allied health professionals apply for and obtain licensure in Georgia. Holistic medicine has grown in popularity and accessibility, which has led to an increase in functional medicine practices around the country. Relatedly, the practice of naturopathy also appeals to many consumers. The question we are periodically asked is whether Georgia allows naturopathy practitioners to practice naturopathy in Georgia. The post provides a general overview of the answer to that question. If you have questions regarding this blog post or would like to speak with counsel regarding
Our healthcare and business law firm works with many physician and other health care providers who own their own medical practice. The Georgia Medical Board and Georgia Legislature, as well as many other state medical boards and legislatures, have noted concern with consumer confusion with the numerous titles held by non-physician health care practitioners. For instance, “In a survey done a few years ago by the AMA, 39% of patients thought a Doctor of Nursing Practice was a physician and 11% weren’t sure. Half were either completely wrong or confused by a title. More than half (61%) thought a Doctor of Medical Science was a physician, which is completely incorrect.” M. Blackman, J. Commins, “
Both concierge medicine and direct primary care practices have become popular alternatives to the traditional insurance medical practice model.
On April 11, 2023, U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced its plan to allow the Notifications of Enforcement Discretion issued under HIPAA and the HITECH Act during the COVID-19 Public Health Emergency (PHE) to expire on May 11, 2023.
For the better part of the last three years, many healthcare providers either voluntarily or by force have put many of the mandated HIPAA self-assessment audit requirements on the back burner. As has been seen most recently, that is all about to change…significantly.