Dale C. Van Demark

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With his robust experience in health system affiliations, joint venture transactions, cross-industry collaborations and the development of new healthcare delivery models, Dale C. Van Demark works at the forefront of strategic transactions and digital health matters in the health, life sciences and technology industries. As a sought-after legal, strategic and policy advisor, he’s well-informed on integrating information technology into healthcare and has worked with clients in the realms of delivery of care, life sciences research and development, and artificial intelligence. Dale C. Van Demark serves as a co-chair of the Firm's Digital Health practice. Read Dale Van Demark's full bio.

Texas AG’s Landmark AI Settlement: A Wake-Up Call for Health Tech & AI Companies


By , , , and on Oct 3, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Healthcare providers, payors, and other healthcare organizations should be aware of a recently announced, “first-of-its-kind” settlement between the Texas attorney general and a healthcare generative artificial intelligence (AI) company resolving allegations that the company made a series of false and misleading statements about the accuracy and safety of its AI products. The settlement highlights the...

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Pending Oregon Law Undermines Traditional Physician Practice Structure


By , and on Mar 14, 2024
Posted In Employee Benefits, Health and Welfare Plans

In an apparent attempt to shield physician practices from perceived abuses of close association with physician practice management (PPM) companies, a pending Oregon law could undermine a broad range of structures and transactions between physicians and laypersons, including loans, real estate leases, practice sales, national virtual care platforms, investor sponsored practice roll-ups and payor-provider joint...

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States Move to Amend, Clarify Telehealth-Related Standards of Care


By and on Jan 29, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Multiple states – including Alaska, Wisconsin and New Jersey – have been busy finalizing legislation and rulemaking to adopt interstate compacts and amend and clarify telehealth-related standards of care. What else have these states been up to over the last month? Read more here.

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States Move to Standardize Healthcare Licensing Requirements


By and on Nov 15, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Numerous states—including Alaska, Wisconsin, Ohio and Oregon—have been busy finalizing rulemaking and legislation advancing hybrid healthcare models, modernizing licensure infrastructures and incentivizing telehealth. What have these states been up to over the last month? Read more here.

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DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine


By , , , , , , , and on Oct 25, 2023
Posted In Employee Benefits, Health and Welfare Plans

The US Drug Enforcement Administration and the Substance Abuse and Mental Health Services Administration have further extended flexibilities that allow providers to prescribe controlled substances via telemedicine without first performing an in-person visit. The flexibilities were initially provided during the COVID-19 public health emergency. The extension runs through December 31, 2024. Read more here.

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July Trending in Telehealth


By and on Aug 2, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Numerous states—including Alaska, Maryland, California and Colorado—have been busy finalizing rulemaking and legislation impacting Medicaid coverage and maternal health. What have these states been up to over the last month? Learn more here.

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Remote Monitoring Services Under Review: Update on Potential Medicare Coverage Policies


By , , , , and on Jul 12, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

On May 19, 2023, Novitas Solutions and First Coast Options sent an email to certain interested parties, with whom they had engaged following the multijurisdictional contractor advisory committee (CAC) meeting, explaining that they have decided to not pursue at this time a local coverage determination for remote physiological monitoring (RPM) and remote therapeutic monitoring (RTM)....

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Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE


By , , , , , , , , and on Jun 23, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the extension is in place, the DEA indicated that it will be further evaluating its recently proposed rules for post-COVID-19 public health emergency telemedicine prescription of controlled...

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Telehealth Trends to Watch: Increased Focus on Privacy and Security


By , , and on Apr 19, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

We expect to see continued focus on privacy and security at the federal and state level. For example, California, Virginia, Colorado, Utah and Connecticut have new privacy laws coming into effect in 2023. As part of our State Law Privacy Video Series, McDermott described how these laws will affect health data and healthcare entities—in particular,...

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Staying Connected: An Update on Medicare Reimbursement for Telehealth Services After the PHE


By , , , , , and on Jan 11, 2022
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security

In hopes that the COVID-19 public health emergency (PHE) will soon end, Congress and the administration are evaluating the telehealth expansions and flexibilities put in place to respond to the PHE. As a result, the future for telehealth stakeholders remains uncertain. This article outlines various changes in Medicare telehealth reimbursement policy in effect during the...

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