Apple’s apps store lists close to a 100,000 health apps.  Together with wearable technology, direct-to-consumer testing services, and greater consumer participation in the decision to purchase health insurance, the healthcare market in the United States is undergoing a significant transformation.  Whether and how to regulate this evolving market is subject to substantial discussion and debate.
Continue Reading Mobile Medical App Regulations on the Move – Proposed Bills To Further Alter the Regulatory Landscape of Mobile Medical Applications

One of the largest hurdles to the growth of telemedicine – streamlined physician licensure in multiple states – soon may be addressed.  The Federation of State Medical Boards (FSMB) will vote on adopting the federation’s Interstate Medical Licensure Compact at its annual meeting in April.  The FSMB is a national non-profit organization representing all medical boards within the United States.  The telemedicine policy is a newly proposed licensing option under which qualified physicians seeking to practice in multiple states would be eligible for expedited licensure in all states participating in the Compact.
Continue Reading Interstate Medical Licensing Compact Could Pave a Smoother Path for Telemedicine Providers

Individuals form limited partnerships, limited liability companies and corporations to limit their personal liability.  These legal structures encourage entrepreneurs to take risks.  The California Court of Appeal, Second Appellate District, however, has made it easier to add a business owner to a judgment that initially was entered only against the corporate or limited partnership entity he or she owns.  In Relentless Air Racing LLC v. Airborne Turbine Ltd Partnership (Dec. 31, 2013) 2d Civil No. B244612, the Second Appellate District reversed the trial court’s finding that the business owner could not be added to the judgment under an “alter ego” theory.  The Court of Appeal required the limited partners, as well as current and former general partner entities to be added to the judgment against the limited partnership.
Continue Reading California Court of Appeal Makes It Easier to Add Business Owners to a Judgment

On September 23, 2013, the U.S. Food and Drug Administration (the “FDA” or the “Agency”) issued long-awaited final guidance for developers of mobile medical or health applications (or “mobile medical apps”) used on smartphones and other mobile devices. The final guidance reflects a tailored approach by the Agency to analyzing mobile medical apps, and represents an important step in narrowing the field of interpretation of the current laws.
Continue Reading The FDA Releases Long-Awaited Final Guidance on Mobile Medical Applications

This week brought the announcement that WellPoint Inc. selected Joseph Swedish to become its next Chief Executive Officer. Swedish will leave his position as CEO of nonprofit Catholic health system Trinity Health, which has grown to almost $12 billion in assets under Swedish’s leadership and is moving through a merger to become the fifth largest hospital system in the country. Prior to Trinity, Swedish also had worked for for-profit hospital system HCA. Wellpoint, which operates Blue Cross and Blue Shield plans in 14 states, has received some criticism from Wall Street this week for this surprise selection, noting that Swedish is not a traditional insurance company executive. Other commentators have suggested that this selection may indicate an interest by WellPoint in increasing its provider alignment, such as the strategy that was initiated through WellPoint’s acquisition of Medicare Advantage HMO and senior care clinic provider CareMore in 2011. Does this move indicate a higher likelihood of new value-based arrangements between WellPoint’s health plans, on the one hand, and hospitals and medical groups on the other?
Continue Reading Thinking Ahead – Opinions About Trends and Challenges in Today’s Healthcare Industry: What Next for WellPoint After the CEO Selection?