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Telehealth: Legal and Compliance Issues

Schedule

Wednesday, March 4, 2026

11:00 AM - 11:15 AM

Welcome and Introductions

Mark Kopson, AHLA President, Plunkett Cooney

11:15 AM - 12:15 PM

1. Implementation Telehealth Program: Common Day to Day Challenges and Operational Issues

Anthony Jerome Burba, Barnes & Thornburg
LIsa Martin, Chief Compliance Officer, Indiana University Health
Robin Shuping, Executive Director Physician Compliance, UNC Health

This will be a discussion of compliance and governance challenges faced by health systems operating telehealth platforms with in-state patients and out-of-state providers and in-state providers with out-of-state patients:
  • Enrollment, licensing and credentialling challenges
  • Operational Challenges, including malpractice insurance, physician management, tax implications, and supervision requirements for non-physician providers
  • How to structure a management services organization/professional corporation arrangement, from legal and tax perspectives
  • Managing Corporate Practice of Medicine Laws from Multiple States
  • Overview of fraud and abuse risks common to telemedicine and their intersection with traditional compliance risks faced by health systems
  • Discussion of Practical solutions and pragmatic mitigation strategies
12:30 PM - 1:30 PM

2. FDA and FTC Regulation of Telemedicine Direct to Consumer Drug Advertising

Kyle Faget, Foley & Lardner
Barrett Tenbarge, Faegre Drinker

  • Jurisdiction to regulate DTC drug advertisements
  • Protecting Patients from Deceptive Drug Ads Act
  • Recent Warning Letters Issued by FDA
  • Proposed Regulation to close the adequate provision loophole
  • How telemedicine companies can take steps to protect themselves now
1:45 PM - 2:45 PM

3. Behavioral Health Providers and the State of Prescribing Controlled Substances via Telehealth

Evie Lalangas, Bradley Arant
Rachel Poynter, Gray Reed

The expiration of the COVID-19 waivers that allowed telehealth for most practitioner-patient encounters and allowed practitioners to prescribe prescriptions, including controlled substances, unearthed a schism of how to properly manage behavioral health patients. The Drug Enforcement Agency released a final rule in January 2025 allowing for a practitioner to temporarily utilize telehealth-only encounters to manage patients with opioid use disorders (OUDs). However, such a narrow rule leaves behavioral health patients taking controlled substances for other diagnoses in a lurch - particularly those in rural areas. Additionally, the fall 2025 federal government shutdown that caused the general telehealth flexibilities enacted during the COVID-19 epidemic to expire, further deepened access-to-care issues for telehealth-reliant patients. This presentation discusses how providers of all sizes and localities are addressing these circumstances, and what, if anything the federal government may do to promulgate additional rules or legislation to either formally restrict or expand telehealth for behavioral health services.

Thursday, March 5, 2026

11:00 AM - 12:00 PM

4. Digital Advertising for Digital Health

Iliana Peters, Polsinelli PC

12:15 PM - 1:15 PM

5.Structuring and Scaling Telehealth: Tax, Legal, Regulatory, and Strategic Considerations

Andrea Musker, Bricker Graydon Wyatt LLP
Jeremy Herman, Plante Moran

  • Professional corporation tax entity type and accounting method
  • Updates and variations in state corporate practice medicine of prohibitions
  • How to structure a management services organization/professional corporation arrangement, from legal and tax perspectives
  • Updates in restrictions on private equity investors and health care transaction notice and approval requirements
  • Due diligence scrutiny and trends in telehealth due diligence – health care regulatory compliance and potential Federal and State tax exposure
1:30 PM - 2:30 PM

6. Telehealth Under Scrutiny: Navigating the Legal Risks of Interstate Reproductive Health Care

Natalie Birnbaum. RHITES
Krusheeta R. Patel, Manatt
Rachel Landauer, Clinical Instructor at the Harvard Law School Health Law and Policy Clinic

The panel will explore how the criminalization of specific health care services, such as medication abortion, specifically via telehealth, is causing an increase in interstate legal battles. Professional corporation tax entity type and accounting method

  • Telehealth facilitates ongoing access to services that may be restricted within a state, such as medication abortion. This panel will explore the landscape of interstate prosecutions, trends, and best practices in navigating legal and regulatory risk for patients and providers
  • Growing Trend of Legal Action: State prosecutors and individual actors are increasingly seeking to criminally charge and civilly subpoena telemedicine providers of medication abortion, often without direct proof that a telemedicine visit occurred
  • Expansion of 'Proof': Merely possessing a prescription for criminalized health care is now being used as grounds to conclude that a telemedicine visit has taken place. Privacy & Countermeasures: In some states, policies are emerging to counter interstate prosecutions, strengthen privacy protections, and otherwise minimize privacy and risks to patients and providers
  • Cross-State Practice Risks: Determining which state’s licensure laws apply to prescribers practicing across state lines via telemedicine is a core issue, especially as some states seek to assert extraterritorial jurisdiction over any action taken to mail abortion medication into the state (even by out-of-state providers). Risk Reduction Strategies: A key goal is to discuss methods by which telemedicine providers and health care companies can reduce legal and operational risk while continuing to deliver innovative, safe, and effective reproductive health care services
Conference Accessibility and Special Needs

AHLA is committed to ensuring equitable access to our educational content. We are continually improving the user experience for everyone and offering accessibility accommodations for our in-person conferences.

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Become a Sponsor

If your organization is interested in sponsoring and/or exhibiting at this event, please contact Valerie Eshleman.