LS&HC Horizons 2022 - Flipbook - Page 16
Hogan Lovells | 2022 Life Sciences and Health Care Horizons
16
Digital Health and AI
Global virtual medicine
Demand for virtual medicine is surging across the globe. Driven by the
pandemic, refugee crises, public health necessity, or visions of revenue
generation, health care providers increasingly reach across sovereign
borders using technology to provide medical services directly to foreign
patients. Physicians often ask – May I diagnose and treat a patient in
another country entirely via internet platforms? May I deliver a remote
second opinion to a physician in another country to benefit a local
patient there?
While international medical activity is nothing new for hospitals,
universities, research institutions, and health care companies
that have long been engaged in global health endeavors, modern
telecommunication technology has forever changed the delivery model.
Although the practice of medicine is regulated across the globe, the
practice of telemedicine does not always fit within the traditional areas
of law and regulation applicable to the medical profession. And where
countries do regulate telemedicine – which is a growing trend – such laws
do not necessarily address the circumstances in which a foreign physician
sitting outside the country may render remote services into the country.
As more and more providers seek to serve patients and clinicians across
borders, counsel is increasingly called upon to address difficult questions
of foreign regulation.
William Ferreira
Partner, Washington, D.C.
Remote medical practice raises myriad complex topics:
• P
ractice of medicine: physicians and institutions that are considered
“engaged” in the practice of medicine in a particular state or country
may have licensure/registration requirements or face limitations on the
precise services that can be rendered lawfully from a remote location.
• P
rivacy and data protection: regulation of patient medical information
and data varies significantly from country to country. Processing health
data must rely on a solid legal ground which will often be the patient’s
consent.
• B
illing and reimbursement: whether, and under what circumstances,
virtual medical services can be covered and reimbursed by government
and other third party payers varies. Health care providers that receive
reimbursement for services provided in a country may then be subject
to various regulatory requirements imposed by that country.
Other challenges include liability and malpractice, e-commerce regulation,
advertising constraints, intellectual property protection, and tax
compliance.
As global regulation strains to keep pace with modern practice of medicine,
the regulatory scene is a blurry patchwork from country to country.
