How To Understand The Rules Of The European Union
|
|
- Hugo Brown
- 3 years ago
- Views:
Transcription
1 Telehealth and the Law: An Update from Both Sides of the Atlantic John Williams, MD Associate Medical Director, University of Pittsburgh Medical Center International and Commercial Services Division (Moderator) Cynthia O Donoghue Partner, Reed Smith LLP (London, UK) Terrence Lewis Associate Counsel, University of Pittsburgh Medical Center
2 INTERNATIONAL LAWS, TREATIES, AND ACTS On December 17, 2010, U.S. Department of Health and Human Services signed a Memorandum of Understanding with the European Commission in which both parties agreed to cooperate on topics directly pertaining to the use and advancement of ehealth/health IT in pursuit of improved health and health care delivery as well as economic growth and innovation. 2
3 Current State of Telemedicine Law Advances in medicine and medical technology related to telemedicine remain far ahead of the legal precedents and standards for this area of healthcare law. 3
4 E.U. and U.S. Telehealth Legal Issues: Physician Licensure and Credentialing Patient Privacy and Medical Records Professional Liability (Medical Malpractice) Reimbursement 4
5 PHYSICIAN LICENSURE/CREDENTIALING International aspects Currently, NO international or EU license to practice telemedicine. Currently NO standard credentialing process. Various Model Acts by interested organizations: World Medical Association International Bar Association draft International Convention on Telemedicine and TeleHealth 5
6 European Union - Competencies in the area of Telemedicine Member States have prime responsibility for organisation and delivery of healthcare - Art. 168(7) Treaty on the Functioning of the EU (TFEU) Areas where EU level action is needed relate to cross-border issues and free movement in the internal market Art 114 TFEU EU subsidiarity principle (which requires decisions be made at the most decentralised level) - Art 5(3) TEU Character of telemedicine Covers issues relating to the EU internal market, health policy, information communications & telecoms, R&D, data protection, consumer rights, employment and social policy 6
7 EU & Telemedicine Telemedicine is the provision of a service E-Commerce Directive 2000/31/EC applies to Information Society Services between Member States and bars derogations relating to protection of public health Information Society Service = Any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data and at the individual request of a recipient of a service Professional Qualification Recognition Directive 2005/36/EC not applicable requires physical presence of the health professional in the patient s country 7
8 Telemedicine Issues Telemedicine can improve access to specialised care in areas suffering from a shortage of expertise, or in areas where access to healthcare is difficult. Use of telemedicine is still limited and the market highly fragmented. Although Member States have expressed their commitment to wider deployment of telemedicine, most initiatives are no more than one-off, small-scale projects that are not integrated into healthcare systems. Member States health authorities have primary responsibility for organisation, financing and delivery of healthcare and it is up to them to make telemedicine a reality in the life of European patients stems from principle of subsidiarity
9 New Directive on Cross-Border Healthcare Directive 24/11/EU of 9 March 2011 Aims to facilitate access to healthcare by promoting cooperation on healthcare between EU Member States Definition: Member State of treatment means the Member State on whose territory healthcare is actually provided to the patient. In the case of telemedicine, healthcare is considered to be provided in the Member State where the healthcare provider is established Article 7(7): The Member State of affiliation may impose on an insured person seeking reimbursement of the costs of cross-border healthcare, including healthcare received through means of telemedicine, the same conditions, criteria of eligibility and regulatory and administrative formalities, whether set at a local, regional or national level, as it would impose if this healthcare were provided in its territory. This may include an assessment by a health professional or healthcare administrator providing services for the statutory social security system or national health system of the Member State of affiliation, such as the general practitioner or primary care practitioner with whom the patient is registered, if this is necessary for determining the individual patient s entitlement to healthcare. However, no conditions, criteria of eligibility and regulatory and administrative formalities imposed according to this paragraph may be discriminatory or constitute an obstacle to the free movement of patients, services or goods, unless it is objectively justified by planning requirements relating to the object of ensuring sufficient and permanent access to a balanced range of high-quality treatment in the Member State concerned or to the wish to control costs and avoid, as far as possible, any waste of financial, technical and human resources. Requires compliance with EU Data Protection Directive
10 PATIENT PRIVACY European Union Data Protection Directive 95/46/EC special rules apply to: "the processing of personal data concerning health or sex life" (Art 8(1) Sensitive data can only be processed when it is necessary to protect the vital interests of the individual usually interpreted to mean the provision of healthcare. Sensitive personal data may not be transferred outside the European Union unless: transferred to an adequate protection jurisdiction transferred pursuant to the EU Standard Contractual Clauses Individual s freely given and explicit consent has been obtained transfer is necessary to protection the vital interests of the individual All Privacy Principles apply 10
11 PATIENT PRIVACY European Union Privacy Principles Data must be: Processed lawfully (vital interests/contract) and lawfully Collected only for a specified, explicit and legitimate purpose Adequate, relevant and not excessive for purpose(s) collected Accurate and current Kept secure Kept only as long as is necessary for purpose(s) collected No transfers of data outside the EEA to third countries without adequate laws to protect personal data
12 PATIENT PRIVACY European Union EU Data Protection Directive (continued) Rights of Individuals: Patients have a right to request a copy of any personal information held about them i.e. medical records. Ability to revoke consent to transfer at any time without adverse affect or penalty Right to correction Controllers processing personal data must notify data protection supervisory authority, unless otherwise exempt. In some but not all EU Member States provision of healthcare is exempt. 12
13 PATIENT PRIVACY European Union Draft Proposed General Data Protection Regulation due 2014/2015 Article 4 definition of data concerning health means any information which relates to the physical or mental health of an individual, or to the provision of health services to the individual; Article 81 obliges Member States, further to the conditions for special categories of data, to ensure specific safeguards for processing for health purposes. Explanatory notes: The processing of personal data concerning health deserves higher protection [and] may often be justified by a number of legitimate reasons for the benefit of individuals and society as a whole, in particular in the context of ensuring continuity of cross-border healthcare. Therefore this Regulation should provide for harmonised conditions for the processing of personal data concerning health 13
14 REIMBURSEMENT European Union Cross-border level EU Directive on patients rights in cross-border healthcare states that as a general rule, patients will be allowed to be reimbursed up to the level of costs that would have been assumed by the member state of affiliation. No EU case-law on reimbursement of telemedicine services yet National level National legislation of Member States governing reimbursement according to their health systems In some Member States, telemedicine is not recognised as a proper medical act for reimbursement purposes 14
15 LIABILITY for telemedicine services European Union Medical liability and services liability - no EU legislation - National legislation of the individual Member States applies - Applicable national law to be determined (Regulation on applicable law to contractual obligations + Regulation on applicable law to noncontractual obligations), but new Directive deems care to be provided at location of primary care giver is that whose law will be deemed to apply and under what circumstances - Competent court to be determined EU consumer protection legislation (e.g. No fault liability for defective products) No liability of intermediaries (e.g. Internet service providers) for mere conduit, caching or hosting (e-commerce Directive) 15
16 U.S. Definitions of Telemedicine and Telehealth CMS (for new credentialing final rule): telemedicine encompasses the overall delivery of healthcare to the patient through the practice of patient assessment, diagnosis, treatment, consultation, transfer and interpretation of medical data, and patient education all via a telemedicine link (e.g., audio, video and data communications) and which is not restricted to only patients in rural areas of the nation. CMS (for Medicare billable services in rural areas): telehealth services include a two-way, real-time interactive communication between the patient and a physician at a distant site, but do not include communications via telephone, , or fax. 42 U.S.C. Sec. 1395(m)(m)(1); 42 CFR Sec (a)(3). 16
17 PHYSICIAN LICENSURE United States The U.S. Supreme Court has held that states have a compelling interest in the practice of professions within their boundaries, and that as part of their power to protect the public health, safety, and other valid interests, they have broad power to establish standards for licensing practitioners and regulating the practice or professions. 50 different states = 50 different state boards of medicine that regulate the practice of medicine. Currently, no national license to practice medicine. 17
18 PHYSICIAN LICENSURE United States In the vast majority of U.S. states, the practice of telemedicine likely requires a full, unrestricted license (with certain exceptions) if the physician s activities meet the specific state s definition of practicing medicine. Special Telehealth License Exceptions: approximately fifteen (15) U.S. states have laws that permit a specific telemedicine license. Other Exceptions: in certain states if care is provided on an infrequent/emergency basis or if the physician is providing consultative services on a provider-to-provider basis and the on-site physician retains full authority over all care decisions. 18
19 PHYSICIAN CREDENTIALING United States New Final CMS Rule (Effective July 5, 2011): allows the medical staff of the hospital where the patient is being treated via telemedicine to rely upon the credentialing and privileging done at the hospital located where the telemedicine practitioner is credentialed. Effect: Streamlined credentialing now available which reduces start-up time for new telemedicine activities. 19
20 PATIENT PRIVACY AND MEDICAL RECORDS United States Health Insurance Portability and Accountability Act (1996) (federal law applies to all 50 states) HIPAA Privacy Rule (2000) HITECH Act (2009) Practice Point: Remember, individual states may have stricter privacy laws than what is required by HIPAA. 20
21 REIMBURSEMENT United States Conditions for Medicare reimbursement of telemedicine services: Patient located in rural/remote areas Live, real-time situations Second physician physical present with patient (telepresenter) Appropriate state licensure Practice Point: Reimbursement from the U.S. government for telehealth services is limited (patient must be located in a rural and remote area). 21
22 REIMBURSEMENT United States Local Laws Expanding Approximately 12 states have enacted laws that allow physicians to be reimbursed for telemedicine. For example, in Pennsylvania all citizens enrolled in the State s Medical Assistance plan are covered for reimbursement purposes regardless of the patient s location. 22
23 RECOMMENDATIONS If telemedicine is to expand more broadly, stakeholders will need to take the lead in providing regulations with recommended standards and processes that assure appropriate use of public funds. Creation of standardized national and international telemedicine licenses. Creation of a standardized national and international credentialing processes and policy for accepting third party credentialing. Creation of uniform national and international regulations for medical record and patient health information use and storage to ensure protection of patient privacy. Development of broader models for telemedicine service reimbursement by the U.S. and EU. 23
24 QUESTIONS? 24
Terrence Lewis Associate Counsel, University of Pittsburgh Medical Center (Pittsburgh, Pennsylvania, USA)
Telemedicine, the Law and the Economics: A View from Both Sides of the Atlantic International Society for Telemedicine & e-health s Med-e-Tel 2014 Conference Terrence Lewis Associate Counsel, University
More informationSetting the legal context for telemedicine in the EU
Setting the legal context for telemedicine in the EU Catalina Dima ICT for Health Unit, European Commission Current and emerging challenges of ehealth privacy, law, ethics, governance and beyond" ehealth
More informationImpact of telemonitoring on health law and on healthcare (systems)
Impact of telemonitoring on health law and on healthcare (systems) Stefaan Callens Professor of health law KU Leuven (Belgium) Lawyer at the Brussels bar www.callens-law.be Content Introduction: e-health,
More informationUnder European law teleradiology is both a health service and an information society service.
ESR statement on the European Commission Staff Working Document on the applicability of the existing EU legal framework to telemedicine services (SWD 2012/413). The European Society of Radiology (ESR)
More informationTelehealth In Virginia. The Regulatory Landscape
Telehealth In Virginia The Regulatory Landscape Introduction Name: Joshua Kaywood Company: WeCounsel Solutions Position: Director of Business Development Email: joshk@wecounsel.com Phone: (678) 779-4958
More informationTelemedicine, Telehealth & Mobile Health: The Future Is Today
Telemedicine, Telehealth & Mobile Health: The Future Is Today Kim Harvey Looney, Waller Lansden Dortch & Davis LLP Michael F. Schaff, Wilentz Goldman & Spitzer PA Sidney Welch, Kilpatrick Townsend & Stockton
More informationTelemedicine in Georgia. Bill Boling. Rob Byrd
Telemedicine in Georgia Bill Boling Rob Byrd Georgia Telemedicine Act Under the Georgia Telemedicine Act, O.C.G.A. section 33-24-56.4 (the Act ), every health benefit policy as of July 1, 2005 shall include
More informationREGULATORY UPDATE: TELEMEDICINE
REGULATORY UPDATE: TELEMEDICINE Collaborative Technology Solutions: The Future of Healthcare June 13, 2013 Jennifer Breuer, Esq. Drinker Biddle & Reath 312/569-1256 Agenda > Review legal and regulatory
More informationU.S. Telemedicine Public Policy. Gary Capistrant July 22, 2015
U.S. Telemedicine Public Policy Gary Capistrant July 22, 2015 Strong Consumer Wants 24 / 7 / 365 On-demand Convenience Ease Choice Control Direct Drivers Aging population = greater demand & costs = provider
More informationCOMMISSION STAFF WORKING DOCUMENT. on the applicability of the existing EU legal framework to telemedicine services. Accompanying the document
EUROPEAN COMMISSION Brussels, 6.12.2012 SWD(2012) 414 final COMMISSION STAFF WORKING DOCUMENT on the applicability of the existing EU legal framework to telemedicine services Accompanying the document
More informationCommittee on Energy and Commerce Committee on Energy and Commerce
June 16, 2014 The Honorable Joe Pitts, Chairman The Honorable Frank Pallone, Ranking Member Subcommittee on Health Subcommittee on Health Committee on Energy and Commerce Committee on Energy and Commerce
More informationEstate Planning and Patients' Rights in Cross-Border Healthcare
Directive 2011/24/EU on the application of patients rights in cross-border healthcare EPF for a patient-centred implementation Introduction These recommendations have been developed by the European Patients
More informationGEORGIA MEDICAID TELEMEDICINE HANDBOOK
GEORGIA MEDICAID TELEMEDICINE HANDBOOK CONNECTING GEORGIA OVERVIEW The Department of Community Health s (DCH) Telemedicine and Telehealth policies are slated to improve and increase access and efficiency
More informationRULES OF THE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH. Table of Contents
RULES OF THE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH Table of Contents 540-X-15-.01 Purpose 540-X-15-.02 Telehealth Medical Services by Physicians According to Licensure Status 540-X-15-.03
More informationArticle 29 Working Party Issues Opinion on Cloud Computing
Client Alert Global Regulatory Enforcement If you have questions or would like additional information on the material covered in this Alert, please contact one of the authors: Cynthia O Donoghue Partner,
More informationTELEMEDICINE UPDATE:WHAT S NEW IN 2014? Vanessa A. Reynolds, P.A. vreynolds@broadandcassel.com
TELEMEDICINE UPDATE:WHAT S NEW IN 2014? Vanessa A. Reynolds, P.A. vreynolds@broadandcassel.com What is telemedicine? Telemedicine has been defined as broadly as the use of medical information exchanged
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 9.12.2015 COM(2015) 627 final 2015/0284 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ensuring the cross-border portability of online content
More informationCredentialing Telemedicine Providers
BUSINESS ATTORNEYS FOR BUSINESS SUCCESS Credentialing Telemedicine Providers Provider Credentialing requirements raise important considerations in any telemedicine arrangement. The facility where care
More informationTELEMEDICINE, TELEHEALTH, AND HOME TELEMONITORING TEXAS MEDICAID SERVICES. Biennial Report to the Texas Legislature
TELEMEDICINE, TELEHEALTH, AND HOME TELEMONITORING TEXAS MEDICAID SERVICES Biennial Report to the Texas Legislature As Required by Texas Government Code 531.0216 Texas Health and Human Services Commission
More informationLEGAL IMPEDIMENTS TO THE DISSEMINATION OF TELEMEDICINE
LEGAL IMPEDIMENTS TO THE DISSEMINATION OF TELEMEDICINE Diane E. Hoffmann, J.D., M.S. Director, Law & Health Care Program Associate Dean for Academic Programs University of Maryland School of Law Virginia
More informationLEGISLATION COMMITTEE OF THE CROATIAN PARLIAMENT
LEGISLATION COMMITTEE OF THE CROATIAN PARLIAMENT 2300 Pursuant to its authority from Article 59 of the Rules of Procedure of the Croatian Parliament, the Legislation Committee determined the revised text
More informationSection 1. Title. This act shall be known as and may be cited as the Telemedicine
IN THE GENERAL ASSEMBLY STATE OF Telemedicine Reimbursement Act 1 Be it enacted by the People of the State of Assembly:, represented in the General 1 1 1 1 Section 1. Title. This act shall be known as
More informationComments and proposals on the Chapter IV of the General Data Protection Regulation
Comments and proposals on the Chapter IV of the General Data Protection Regulation Ahead of the trialogue negotiations later this month, EDRi, Access, Panoptykon Bits of Freedom, FIPR and Privacy International
More informationSenate Bill No. 1665 CHAPTER 864
Senate Bill No. 1665 CHAPTER 864 An act to amend Section 2060 of, and to add Section 2290.5 to, the Business and Professions Code, to amend Sections 1367 and 1375.1 of, and to add Sections 1374.13 and
More informationDIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on the recognition of professional qualifications
2005L0036 EN 26.12.2007 002.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT
More informationCouncil of the European Union Brussels, 26 June 2015 (OR. en)
Council of the European Union Brussels, 26 June 2015 (OR. en) Interinstitutional File: 2012/0011 (COD) 9985/1/15 REV 1 LIMITE DATAPROTECT 103 JAI 465 MI 402 DIGIT 52 DAPIX 100 FREMP 138 COMIX 281 CODEC
More informationThe integration of telehealth How legislation and licensing boards are dealing with the new technology
The integration of telehealth How legislation and licensing boards are dealing with the new technology This article is based on a presentation given by Mike Billings, PT, MS, CEEAA and Mei Wa Kwong, JD
More informationRE: CMS-1345-P; Comments to Medicare Shared Savings Program: Accountable Care Organizations Proposed Rule
Centers for Medicare & Medicaid Services Department of Health and Human Services Attn: CMS-1345-P P.O. Box 8013 Baltimore, Maryland 21244-8013 RE: CMS-1345-P; Comments to Medicare Shared Savings Program:
More informationTelehealth/Telemedicine:
Telehealth/Telemedicine: The Promise and the Perils Under U.S. Law Janice F. Mulligan,Esq. Law Offices of Mulligan & Banham mulligan@janmulligan.com 619.238.8700 UIA Biotechnology Section Annual Meeting
More informationCHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.
CHAPTER 2011-233 Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 479 An act relating to medical malpractice; creating ss. 458.3175, 459.0066,
More informationCOMMISSION STAFF WORKING DOCUMENT. on the existing EU legal framework applicable to lifestyle and wellbeing apps. Accompanying the document
EUROPEAN COMMISSION Brussels, 10.4.2014 SWD(2014) 135 final COMMISSION STAFF WORKING DOCUMENT on the existing EU legal framework applicable to lifestyle and wellbeing apps Accompanying the document GREEN
More informationEUROPEAN UNION OF GENERAL PRACTITIONERS/FAMILY PHYSICIANS UNION EUROPEENNE DES MEDECINS OMNIPRATICIENS/MEDECINS DE FAMILLE
EUROPEAN UNION OF GENERAL PRACTITIONERS/FAMILY PHYSICIANS UNION EUROPEENNE DES MEDECINS OMNIPRATICIENS/MEDECINS DE FAMILLE PRESIDENT: Dr. Ferenc Hajnal (Hungary) Dr. Eirik Bø Larsen (Norway) Dr. Francisco
More informationPerformance Standards
Performance Standards Clinical Telemedicine Services Performance Standards are intended to provide a foundation and serve as a tool to promote continuous quality improvement and progression toward best
More informationCheck List. Telehealth Credentialing and Privileging Sec. 485.616. Conditions of Participation Agreements for Critical Access Hospitals
Check List Telehealth Credentialing and Privileging Sec. 485.616. Conditions of Participation Agreements for Critical Access Hospitals The Centers for Medicare and Medicaid Services (CMS) final rule on
More informationExplanatory notes VAT invoicing rules
Explanatory notes VAT invoicing rules (Council Directive 2010/45/EU) Why explanatory notes? Explanatory notes aim at providing a better understanding of legislation adopted at EU level and in this case
More informationAIRBUS GROUP BINDING CORPORATE RULES
1 AIRBUS GROUP BINDING CORPORATE RULES 2 Introduction The Binding Corporate Rules (hereinafter BCRs ) of the Airbus Group finalize the Airbus Group s provisions on the protection of Personal Data. These
More informationSection 4: Recognition of HHS As Primary Federal Agency for Emergency Medical Services and Trauma
The Field EMS Quality, Innovation and Cost-Effectiveness Improvement Act, H.R. 3144 Introduced by Representatives Tim Walz (D-MN) and Sue Myrick (R-NC) Section-by-Section Section 1: Short Title; Table
More informationPATIENT MOBILITY IN THE EU: PLANNED HEALTH CARE
PATIENT MOBILITY IN THE EU: PLANNED HEALTH CARE Regional Health Conference on Health Insurance Sarajevo, 06-07 July 2011 Tomislav Sokol LL.M., PhD Researcher at KU Leuven Institute for Social Law, Lecturer
More informationHIPAA Privacy and Security Changes in the American Recovery and Reinvestment Act
International Life Sciences Arbitration Health Industry Alert If you have questions or would like additional information on the material covered in this Alert, please contact the author: Brad M. Rostolsky
More informationHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
28.8.2014 Official Journal of the European Union L 257/73 REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic
More informationE U R O P E A N E C O N O M I C A R E A
E U R O P E A N E C O N O M I C A R E A S T A N D I N G C O M M I T T E E O F T H E E F T A S T A T E S Distribution: EEA EFTA 20 March 2012 SUBCOMMITTEE I ON THE FREE MOVEMENT OF GOODS EEA EFTA Comment
More informationCorporate Guidelines for Subsidiaries (in Third Countries ) *) for the Protection of Personal Data
Corporate Guidelines for Subsidiaries (in Third Countries ) *) for the Protection of Personal Data *) For the purposes of these Corporate Guidelines, Third Countries are all those countries, which do not
More informationCheck List. Telehealth Credentialing and Privileging Sec. 482.22. Conditions of Participation Medical Staff
Check List Telehealth Credentialing and Privileging Sec. 482.22. Conditions of Participation Medical Staff The Centers for Medicare and Medicaid Services (CMS) final rule on credentialing and privileging
More informationRULES OFTHE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH. Table of Contents
RULES OFTHE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH Table of Contents 540-X-15-.01 540-X-15-.02 540-X-15-.03 540-X-15-.04 540-X-15-.05 540-X-15-.06 540-X-15-.07 540-X-15-.08 540-X-15-.09
More informationA Bill Regular Session, 2015 SENATE BILL 133
Stricken language would be deleted from and underlined language would be added to present law. 0 State of Arkansas 0th General Assembly As Engrossed: S// S// A Bill Regular Session, SENATE BILL By: Senator
More informationTelemedicine Discussion
Telemedicine Discussion From Texas Occupations Code Sec. 151.056. APPLICATION TO TELEMEDICINE. (a) A person who is physically located in another jurisdiction but who, through the use of any medium, including
More informationThe eighth data protection principle and international data transfers
Data Protection Act 1998 The eighth data protection principle and international data transfers The Information Commissioner s recommended approach to assessing adequacy including consideration of the issue
More informationELECTRONIC COMMERCE DIRECTIVE, DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND
ELECTRONIC COMMERCE DIRECTIVE, DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL * * * * THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Whereas: (1) The European Union
More information4 [Introduced January 27, 2015; referred to the Committee on Government Organization; and then
1 Senate Bill No. 334 2 (By Senator Ferns) 3 4 [Introduced January 27, 2015; referred to the Committee on Government Organization; and then 5 to the Committee on Health and Human Resources.] 6 7 8 9 10
More informationEUROPEAN PARLIAMENT 2009-2014. Committee on Industry, Research and Energy. of the Committee on Industry, Research and Energy
EUROPEAN PARLIAMT 2009-2014 Committee on Industry, Research and Energy 2012/0011(COD) 26.02.2013 OPINION of the Committee on Industry, Research and Energy for the Committee on Civil Liberties, Justice
More informationOklahoma Health Care Authority
Oklahoma Health Care Authority It is very important that you provide your comments regarding the proposed rule change by the comment due date. Comments are directed to Oklahoma Health Care Authority (OHCA)
More informationCOMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
EUROPEAN COMMISSION Brussels, XXX [ ](2011) XXX draft COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
More informationData Protection in Clinical Studies Implications of the New EU General Data Protection Regulation
June 19, 2012 Practice Group(s): Health Care Life Sciences Data Protection in Clinical Studies Implications of the New EU General Data Protection Regulation By Mathias Schulze Steinen and Daniela Bohn
More informationQUESTIONNAIRE ON CONTRACT RULES FOR ONLINE PURCHASES OF DIGITAL CONTENT AND TANGIBLE GOODS
QUESTIONNAIRE ON CONTRACT RULES FOR ONLINE PURCHASES OF DIGITAL CONTENT AND TANGIBLE GOODS Information about the respondent 1. Please enter your full name OR the name of the organisation / company / institution
More informationRegarding the need to establish a branch for the provision of financial services in the Czech Republic
Regarding the need to establish a branch for the provision of financial services in the Czech Republic Regulation Act No. 21/1992 Coll., on banks, as amended (the AoB ) Act No. 256/2004 Coll., on capital
More informationWhat is Telemedicine?
Kathy Matzka, CPMSM, CPCS www.kathymatzka.com 1 What is Telemedicine? the provision of clinical services to patients by physicians and practitioners from a distance via electronic communications Source:
More informationDATA PROTECTION POLICY
Reference number Approved by Information Management and Technology Board Date approved 14 th May 2012 Version 1.1 Last revised N/A Review date May 2015 Category Information Assurance Owner Data Protection
More informationOVERVIEW. stakeholder engagement mechanisms and WP29 consultation mechanisms respectively.
Joint work between experts from the Article 29 Working Party and from APEC Economies, on a referential for requirements for Binding Corporate Rules submitted to national Data Protection Authorities in
More information(Legislative acts) REGULATIONS
24.3.2012 Official Journal of the European Union L 86/1 I (Legislative acts) REGULATIONS REGULATION (EU) No 236/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 March 2012 on short selling and
More informationProposal of regulation Com 2012 11/4 Directive 95/46/EC Conclusion
Page 1 sur 155 Proposal of regulation Com 2012 11/4 Directive 95/46/EC Conclusion Legal nature of the instrument Règlement Directive Directly applicable act in internal law 91 articles 34 articles Art.
More informationOCHIN Position Paper. April 2012. Student Treatment Records under HIPAA vs. FERPA
OCHIN Position Paper April 2012 Student Treatment Records under HIPAA vs. FERPA TABLE OF CONTENTS Purpose... 2 Definitions... 2 School-Based Health Centers and HIPAA... 4 Third-Party Healthcare Providers...
More informationSTATE OF NEBRASKA STATUTES RELATING TO NEBRASKA TELEHEALTH ACT
2014 STATE OF NEBRASKA STATUTES RELATING TO NEBRASKA TELEHEALTH ACT Department of Health and Human Services Division of Public Health Licensure Unit 301 Centennial Mall South, Third Floor PO Box 94986
More informationRESPONSE TO EUROPEAN COMMISSION CONSULTATION ON CROSS BORDER CARE
RESPONSE TO EUROPEAN COMMISSION CONSULTATION ON CROSS BORDER CARE JANUARY 2007 RESPONSE TO EUROPEAN COMMISSION CONSULTATION ON CROSS BORDER CARE: Consultation regarding Community action on health services
More informationDECISION PROMULGATING THE PAYMENT SYSTEM ACT
THE CROATIAN PARLIAMENT 3247 Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the DECISION PROMULGATING THE PAYMENT SYSTEM ACT I hereby promulgate the Payment System
More informationConsultation on the technical legislative implementation of the EU Audit Directive and Regulation
AUDITOR REGULATION Consultation on the technical legislative implementation of the EU Audit Directive and Regulation OCTOBER 2015 1. Contents 1. Contents... 2 2. Introduction... 4 The EU Audit Directive
More informationSTATE OF NEW YORK DEPARTMENT OF HEALTH
STATE OF NEW YORK DEPARTMENT OF HEALTH 433 River Street, Suite 303 Troy, New York 12180-2299 Antonia C. Novello, M.D., M.P.H. Dr. P.H. Commissioner Dennis P. Whalen Executive Deputy Commissioner September
More informationPRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK
PRIME MINISTER A NEW MEDICAL INDEMNITY INSURANCE FRAMEWORK Today I am announcing the Government s package of measures to address rising medical indemnity insurance premiums and ensure a viable and ongoing
More informationInternational Investigations: Issues to Consider When Conducting or Defending Against an FCPA Investigation Outside the United States
International Investigations: Issues to Consider When Conducting or Defending Against an FCPA Investigation Outside the United States Presentation to: Ninth Annual Pharmaceutical Regulatory and Compliance
More informationUNIFORM EMERGENCY VOLUNTEER HEALTHCARE PRACTITIONERS ACT
FOR APPROVAL UNIFORM EMERGENCY VOLUNTEER HEALTHCARE PRACTITIONERS ACT NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS MEETING IN ITS ONE-HUNDRED-AND-FIFTEENTH YEAR HILTON HEAD, SOUTH CAROLINA
More informationProposal for a COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
EUROPEAN COMMISSION Proposal for a Brussels, 24.3.2010 COM(2010) 105 final 2010/0067 (CNS) C7-0315/10 COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce
More informationAN INSIDE VIEW FROM THE EU EXPERT GROUP ON CLOUD COMPUTING
AN INSIDE VIEW FROM THE EU EXPERT GROUP ON CLOUD COMPUTING 1. Overview and Background On 27 September 2012, the European Commission adopted a strategy for "Unleashing the potential of cloud computing in
More informationInternational Privacy and Data Security Requirements. Benedict Stanberry, LLB LLM MRIN Director, Centre for Law Ethics and Risk in Telemedicine
International Privacy and Data Security Requirements Benedict Stanberry, LLB LLM MRIN Director, Centre for Law Ethics and Risk in Telemedicine Aims of this Presentation. To provide a brief overview of
More informationTelemedicine Reimbursement. and Credentialing
Kim Hoffman Telehealth Coordinator OHSU Telemedicine and Credentialing Kate Kenemer Client Service Analyst University Professional Services Why is it important? Encourages use of telemedicine services
More information2015 No. 2059 PROFESSIONAL QUALIFICATIONS. The European Union (Recognition of Professional Qualifications) Regulations 2015
S T A T U T O R Y I N S T R U M E N T S 2015 No. 2059 PROFESSIONAL QUALIFICATIONS The European Union (Recognition of Professional Qualifications) Regulations 2015 Made - - - - 17th December 2015 Laid before
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 1.3.2012 COM(2012) 84 final 2012/0035 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to the transparency of measures regulating the
More informationBCS, The Chartered Institute for IT Consultation Response to:
BCS, The Chartered Institute for IT Consultation Response to: A Comprehensive Approach to Personal Data Protection in the European Union Dated: 15 January 2011 BCS The Chartered Institute for IT First
More informationBinding Corporate Rules ( BCR ) Summary of Third Party Rights
Binding Corporate Rules ( BCR ) Summary of Third Party Rights This document contains in its Sections 3 9 all provision of the Binding Corporate Rules (BCR) for Siemens Group Companies and Other Adopting
More informationReport of the Ad Hoc Committee on Telemedicine. Federation of State Medical Boards of the United States
Report of the Ad Hoc Committee on Telemedicine Federation of State Medical Boards of the United States The Federation's governing body accepted the following Report of the Ad Hoc Committee on Telemedicine
More informationOffice 365 Data Processing Agreement with Model Clauses
Enrollment for Education Solutions Office 365 Data Processing Agreement (with EU Standard Contractual Clauses) Amendment ID Enrollment for Education Solutions number Microsoft to complete 7392924 GOLDS03081
More informationHow Do I Ask Questions During this Training? Questions that arise during the training may be emailed to: elibrarytraining@ahca.myflorida.com.
How Do I Ask Questions During this Training? Questions that arise during the training may be emailed to: elibrarytraining@ahca.myflorida.com. 2 Training Objectives Describe new information contained in
More informationDraft Telemedicine Provider Guidance/Manual
I. Introduction The D.C. Telehealth Reimbursement Act of 2013 directs Medicaid to cover and reimburse for healthcare services appropriately delivered through telehealth if the same services would be covered
More informationWHAT IS TELEHEALTH? Telehealth refers to: Telemedicine (Real-time clinical services) Telecommunication (Store-and-forward services) Distance Education
03/17/15 INTRODUCTION This document is intended as a reference for those responsible for billing Telehealth services to AHCCCS Division of Fee for Service Management (DFSM). NOTE: The services described
More informationOnce Upon a Time. What is Telemedicine? Why Telemedicine? Why Telegenetics? TELEGENETICS Licensure and Other Legal Barriers to Practice
TELEGENETICS Licensure and Other Legal Barriers to Practice CLINICAL IMPLICATIONS OF EMERGING TECHNOLOGIES IN MEDICAL GENETICS Genetic Task Force of Illinois Illinois Department of Public Health Chicago,
More informationBUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT The parties to this ( Agreement ) are, a _New York_ corporation ( Business Associate ) and ( Client ) you, as a user of our on-line health record system (the "System"). BY
More informationEuropean Privacy Reporter
Is this email not displaying correctly? Try the web version or print version. ISSUE 02 European Privacy Reporter An Update on Legal Developments in European Privacy and Data Protection November 2012 In
More informationPLDW. Telemedicine and the Health Care Industry PANNONE LOPES DEVEREAUX & WESTLLC. by GARY R. PANNONE Managing Partner. and
Telemedicine the Health Care Industry by GARY R. Managing Partner jillian n. jagling Associate PLDW LOPES DEVEREAUX & LOPES DEVEREAUX & WEST LLC WESTLLC counselors at law Introduction Opportunities Challenges
More informationSection 1: Development of the EU s competence in the field of police and judicial cooperation in criminal matters
CALL FOR EVIDENCE ON THE GOVERNMENT S REVIEW OF THE BALANCE OF COMPETENCES BETWEEN THE UNITED KINGDOM AND THE EUROPEAN UNION Police and Criminal Justice LEGAL ANNEX Section 1: Development of the EU s competence
More informationTHE HIPAA PRIVACY RULE AND THE NATIONAL HOSPITAL CARE SURVEY
THE HIPAA PRIVACY RULE AND THE NATIONAL HOSPITAL CARE SURVEY Table of Contents I. Overview... 3 II. Legal Authority for NHCS... 3 III. Requirements of the HIPAA Privacy Rule... 3 IV. Extra Safeguards and
More informationBusiness Associate Agreements and Similar Arrangements
Business Associate Agreements and Similar Arrangements As a covered entity under the HIPAA Privacy Rule, the Indian Health Service (IHS) is required to have a written contract with each of its business
More informationNew Hampshire Telemedicine Reimbursement Guide. Franconia Notch, New Hampshire
New Hampshire Telemedicine Reimbursement Guide Franconia Notch, New Hampshire The Northeast Telehealth Resource Center team is pleased to announce our 1 st edition of this Telemedicine Reimbursement Manual.
More information25550 Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
25550 Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations have concluded this action is one of a category of actions that do not individually or cumulatively have a significant
More informationTelemedicine and Telehealth
Telemedicine and Telehealth July 9, 2014 Ryan Johnson Catherine E. London rjohnson@fredlaw.com clondon@fredlaw.com (612) 492-7160 (612) 492-7464 Agenda What is Telemedicine/Telehealth? Business Models
More informationStrategies for Electronic Exchange of Substance Abuse Treatment Records
Strategies for Electronic Exchange of Substance Abuse Treatment Records Patricia Gray, J. D., LL. M. Prepared for the Texas Health and Human Services Commission and the Texas Health Services Authority
More informationHow To Regulate Data Protection In European Union
EUROPEAN COMMISSION Brussels, XXX COM(2012) 11/3 draft Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal
More informationEUROPEAN STABILITY MECHANISM BY-LAWS. Article 1 Hierarchy of Rules
EUROPEAN STABILITY MECHANISM BY-LAWS Article 1 Hierarchy of Rules 1. These By-Laws of the European Stability Mechanism (the ESM ) are adopted under the authority of, and are intended to be complementary
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 21.9.2005 COM(2005) 438 final 2005/0182 (COD) Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the retention of data processed
More informationEU regulatory framework for e-commerce
EU regulatory framework for e-commerce WTO Workshop Geneva, 18 th June 2013 Denis Sparas European Commission Directorate General for Internal Market and Services Outline E-commerce Directive E-commerce
More informationCOMPLYING WITH THE E-COMMERCE REGULATIONS 2002
COMPLYING WITH THE E-COMMERCE REGULATIONS 2002 You should read this guide if you. advertise goods or services online (i.e. via the Internet, interactive television or mobile telephone) sell goods or services
More informationThe Patient Protection & Affordable Care Act: Proposed Action Steps For School Psychologists
The Patient Protection & Affordable Care Act: Proposed Action Steps For School Psychologists Background about the Patient Protection and Affordable Care Act (ACA) The Supreme Court decision in 2012 upholding
More informationGRADUATE REGISTERED PHYSICIANS
REGULATION 37 GRADUATE REGISTERED PHYSICIANS Act 929 of 2015 codified in A.C.A. 17-95-901-917 ARKANSAS GRADUATE REGISTERED PHYSICIAN ACT I. Definitions. A. Graduate registered physician means an individual
More information