Dale C. Van Demark

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Dale C. Van Demark advises clients in the health industry on strategic transactions and the evolution of health care delivery models. He has extensive experience in health system affiliations and joint venture transactions. Dale also provides counseling on the development of technology in health care delivery, with a particular emphasis on telemedicine. Dale has been at the forefront of advising clients with respect to the globalization of the US health care industry. He advises US and non-US enterprises with respect to the formation of cross-border affiliations and international patient programs. In addition to writing regularly on matters related to his practice, Dale has spoken at numerous conferences around the world on the globalization of health care. Read Dale Van Demark's full bio.

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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Artificial Intelligence Myth Versus Reality: Where Do Healthcare Experts Think We Stand?


By and on Nov 12, 2021
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

As the healthcare industry evaluates how to pay for artificial intelligence (AI) solutions, industry experts say data and real-world evidence are essential for reaching any payment decisions. In this Forbes article, McDermott Partners Dale C. Van Demark and Jiayan Chen provide insight into some of the regulatory challenges AI presents. “For AI to be paid...

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50-State Survey | Rules Governing Telehealth Modalities and Patient-Provider Relationships


By , , , and 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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CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal


By , , and on Sep 15, 2021
Posted In Employee Benefits, Health and Welfare Plans

The Centers for Medicare & Medicaid Services recently published its annual proposed changes to the Medicare Physician Fee Schedule, which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site restrictions, and limitations on audio-only...

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