ARTICLE SUMMARY:
Opportunities in remote patient monitoring are skyrocketing, but device firms looking to leverage them need to be mindful of compliance risks. Context and advice from Sidley Austin attorneys Jaime L.M. Jones, Brenna E. Jenny, and Jeffrey Senger.
The COVID-19 pandemic super-charged commercial and government payors’ acceptance of virtual care and providers’ interest in offering it. But this is not merely a pandemic-induced fad. Even before COVID-19, the Centers for Medicare & Medicaid Services (CMS) sought to expand Medicare support for virtual care, including remote patient monitoring (RPM). RPM promises new opportunities to harness technology to improve patient care, but as with any federally reimbursable service that is in its infancy, leveraging RPM without appropriate compliance controls may introduce enforcement risk for healthcare providers and medical technology companies entering the field. Those seeking to incorporate RPM into their business should take steps now to position their operations for long-term compliance success.
