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Telemedicine startups can survive and thrive under renewed regulation



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Nathaniel M. Lacktman
Contributor

Nathaniel M. Lacktman is a partner at Foley & Lardner and chair of the law firm’s national Telemedicine & Digital Health Industry Team.

Jacqueline N. Acosta
Contributor

As the pandemic shifts from an acute phase to one in which we learn to live with COVID-19 as an endemic presence, some entrepreneurs and investors may fear what comes next for virtual medicine.
Nearly half the U.S. states have ended emergency legal waivers introduced during the pandemic that allowed patients to be seen by doctors who practiced elsewhere. To some, the end of these waivers might portend daunting headwinds for telemedicine: a return to old regulations that snuff out the promise of new technology.
Yet there’s another thesis – one driven not by fear but by strategic insight – where the return of regulations could mean something much more beneficial for telemedicine startups and those invested in their success: a moat.
Telemedicine companies that research and understand the varied patchwork of state and federal regulations, analyzing them to identify patterns and build scalable business models, will survive and thrive in the coming environment. Those that do not prioritize this work and shoot from the hip will not fare as well, because patients and …

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