Insights on Telemedicine & eHealth

The telehealth industry is entering a new phase of scrutiny marked by intensified enforcement actions across civil and criminal fronts that reflect a coordinated, whole-of-government approach.

The Centers for Medicare & Medicaid Services (CMS) Innovation Center has announced the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) model, a 10‑year voluntary payment model that introduces outcome‑aligned payments (OAPs) to expand access to technology‑supported care for Medicare beneficiaries with common chronic conditions.

Headlines that Matter for Companies and Executives in Regulated Industries

Federal regulators are taking a coordinated step to accelerate the responsible integration of digital health technologies into routine care.

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.

On June 6, the US Department of Health and Human Services’ Office of Inspector General (OIG) issued Advisory Opinion No. 25-03, providing important guidance for telehealth organizations and management services organizations (MSOs).

Last week, the US Food and Drug Administration (FDA) announced the end of a years-long shortage of semaglutide injection products — a popular glucagon-like peptide 1 (GLP-1) weight loss and diabetes medication.

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act (HIPAA).

Health Care Practice Leader Douglas Grimm will present at Palmetto Care Connections’ 11th Annual Telehealth Summit of South Carolina on December 5, 2023.

In Advisory Opinion No. 23-04, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) analyzed certain proposed changes to the functionality of a health care technology company’s online provider marketplace.

Health Care Partner Hillary Stemple will present at the American Health Law Association’s (AHLA) Annual Meeting on June 26, 2023.

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human Services (HHS).

Health Care Practice Leader Douglas Grimm will moderate a panel for the Center for Telehealth & eHealth’s (CTeL) Digital Health Summit at the US Capitol on December 6, 2022.

Algorithmic tools, including machine learning and other artificial intelligence technologies, are becoming more common in the health care sector for predicting health outcomes and influencing clinicians’ decision making.

Health Care Practice Leader Douglas Grimm will present at the Center for Telehealth & eHealth’s (CTeL) inaugural Remote Patient Monitoring Summit on October 20.

A pair of reports recently issued by the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) highlight the important role telehealth services have played in ensuring access to medical services and care for Medicare beneficiaries during the COVID-19 pandemic.

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that have “suspect characteristics” of a fraud scheme.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across all industries spending millions of dollars to acquire a digital presence for positioning as market leaders.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars to position themselves as market leaders. While it offers clear opportunities for businesses, the metaverse also presents unique legal challenges.

Health Care Practice Group Leader Douglas Grimm will present at the Virginia-DC Chapter of the Healthcare Financial Management Association’s Fall Education Conference on September 29.

Health Care Practice Leader Douglas Grimm presented to the Center for Telehealth & eHealth Law (CTeL) on August 6 regarding the statuses of the COVID-19 Public Health Emergencies (PHEs) across the United States.

Health Care Practice Leader Douglas Grimm and Senior Government Relations Director Oliver Spurgeon will present at CTeL’s Digital Health Summit on June 9, 2021.

Join us for a virtual discussion of telehealth’s current state of play from a boots-on-the-ground provider perspective, as well as views from Capitol Hill and CMS.

Health Care Practice Co-Leader Douglas Grimm and Law Clerk Hillary Stemple presented at the Center for Telehealth & e-Health Law (CTeL) Digital Health Virtual Summit on December 3.

Health Care Practice Co-Leader Douglas Grimm will present about fraud and abuse investigations in the telehealth industry at Palmetto Care Connections’ Telehealth Summit of South Carolina on October 9.