Marshall E. Jackson, Jr.
Subscribe to Marshall E. Jackson, Jr.'s PostsMarshall E. Jackson, Jr. focuses his practice on transactional and regulatory counseling for clients in the health care industry, as well as advises clients on the legal, regulatory and compliance aspects of digital health. Marshall provides counseling and advice to hospitals and health systems, private equity firms and their portfolio companies, post/sub-acute providers, physician practices, and other public and private health care companies in a variety of complex transactions and health regulatory compliance matters. Read Marshall Jackson's full bio.
DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine
By Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Schmitz Mazur, Dale C. Van Demark, Patrick Zanayed, Purnima Boominathan, Grayson I. Dimick, Jayda Greco and Rachel Stauffer 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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Remote Monitoring Services Under Review: Update on Potential Medicare Coverage Policies
By Caroline Reignley, Deborah Godes, Michael Ryan, Dale C. Van Demark, Marshall E. Jackson, Jr. and Abby Higgins 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 Lisa Schmitz Mazur, Rachel Stauffer, Amanda Enyeart, Jayda Greco, Marika Miller, Grayson I. Dimick, Moyosore Koya, Marshall E. Jackson, Jr., Dale C. Van Demark and Patrick Zanayed 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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HHS OIG Develops Toolkit to Analyze Telehealth Claims to Assess Program Integrity Risks
By James A. Cannatti III, Amanda Enyeart, Marshall E. Jackson, Jr., Tony Maida, Lisa Schmitz Mazur and Dexter Golinghorst on Jun 13, 2023
Posted In Employee Benefits, Health and Welfare Plans
The US Department of Health and Human Services Office of the Inspector General (HHS OIG) recently unveiled a new toolkit that seeks to help analyze telehealth claims for federal healthcare program integrity risks. It is based on methodologies highlighted in OIG’s September 2022 data brief; the data brief identified billing practices by Medicare providers that...
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April Trending in Telehealth
By Marshall E. Jackson, Jr. and Jayda Greco on May 11, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
Numerous states—including North Dakota, Hawaii, Indiana, Texas and New Hampshire—have been busy finalizing rulemaking and legislation impacting healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care. What have these states been up to over the last month? Learn more here.
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Telehealth Trends to Watch: Increased Focus on Privacy and Security
By Lisa Schmitz Mazur, Dale C. Van Demark, Amanda Enyeart and Marshall E. Jackson, Jr. 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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Omnibus Bill Extends Medicare Telehealth Flexibilities and HDHP Telehealth Safe Harbor
By Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Schmitz Mazur, Rachel Stauffer, Grayson I. Dimick, Jayda Greco, Abby Higgins, Ashley Ogedegbe and Sarah Raaii on Dec 28, 2022
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
On December 23, 2022, US Congress approved a year-end omnibus legislative package, Consolidated Appropriations Act, 2023 (CAA 2023), which consists of all 12 fiscal year 2023 appropriations bills and numerous other provisions, including health policy changes. The healthcare provisions in this omnibus package extend key Medicare telehealth flexibilities and the temporary telehealth safe harbor for...
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How Telehealth Adoption May Drive Increase in Value-Based Care
By Marshall E. Jackson, Jr. and Jeremy Earl on Jul 20, 2022
Posted In Benefit Controversies, Digital Health, Employee Benefits, Health and Welfare Plans
The COVID-19 pandemic has ushered in significant changes to the healthcare industry, specifically the transition from a fee-for-service model to a value-based care model, and digital health has proved to be a driver of value-based care models. In this Westlaw Today article, McDermott Partners Marshall E. Jackson, Jr. and Jeremy Earl suggest that increased use...
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Staying Connected: An Update on Medicare Reimbursement for Telehealth Services After the PHE
By Amanda Enyeart, Dawn Helak, Marshall E. Jackson, Jr., Lisa Schmitz Mazur, Dale C. Van Demark, Mara McDermott and Lauren Knizner 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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50-State Survey | Rules Governing Telehealth Modalities and Patient-Provider Relationships
By Amanda Enyeart, Dale C. Van Demark, Lisa Schmitz Mazur, Marshall E. Jackson, Jr. and Stacey Callaghan on Sep 29, 2021
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
Telehealth’s state-by-state regulatory patchwork means that healthcare providers must navigate a variety of regulations that govern which types of care can be provided by virtual means, and even what modalities can be used in different care settings. McDermott’s recent 50-state survey explores the standard and requirements that physicians and nurse practitioners must follow when prescribing...
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