Just like any other business, telemedicine services often include business agreements between different health care individuals. It may also include lease agreements of medical equipment or use of products partially owned by the telemedicine physicians. Business agreements of this nature must be organized in a way in which it does not cause allegation related to non-compliance of national or regional fraud and abuse laws. In the event one is accused of committing any form of fraud or abuse, then they may require Telemedicine Attorneys to represent his/her business in court.

When committing to a future telemedicine arrangement, it is important to be mindful of the laws involved. There are two main cases of national laws that govern telemedicine practices. These include Stark Law also referred to as State Self-Referral Law and Anti-Kickback Statute. Stark Law basically forbids telemedicine physicians from referring Medicare patients for particular medical attention to a facility with which the physician has a monetary relationship. This law also consist of exclusions that relate to possession interests and reimbursement arrangements involving telemedicine physicians.

Anti-Kickback Statute on the other hand states that it is illegal to directly or indirectly propose, ask , make payments or accept any form of compensation to encourage referrals of health items or services payable by a national health care program. However, agreements that comply with the national requirements of this statute do not lead to accusations associated with fraud and abuse. For example, partnerships involve two parties who give referrals to each other so if the two parties have more advantageous terms than other investors who are not expected to make referrals then the Statute may be overlooked. Additionally this laws may include, but not exclude those for the lease or rent of office space or medical equipment, personal medical service agreements, and electronic medical record items and services.

Employing or contracting Telemedicine Attorneys is important as they help you avoid key risks and drawbacks in Telemedicine practice. They provide you with the necessary guidelines on compliance of laws governing fraud and abuse and all other aspects of fraud and abuse related to telemedicine practice. Telemedicine Attorneys may assist you in establishing and assessing compliance programs. They also advise you on the significant issues linked to both the Stark Law and Anti-Kickback Statute relating to commercial practice of telemedicine, licensure, contractual agreements, partnerships and liability risk management. Even more reassuring is the fact that most; if not all Telemedicine Attorneys are poised to respond to government investigations on behalf of your business.