Webinar - Telemedicine Service Arrangements: Legal Issues and Fair Market Value



Are you prepared to handle the compliance challenges associated with the FMV and commercial reasonableness of telemedicine service arrangements? 

There are numerous regulatory issues and complexities when creating a telemedicine service program or company, particularly if the hospital, health system, physician practice or health care organization wants to deliver these services across state lines or internationally. This complimentary presentation will review the major legal and regulatory challenges and considerations driving opinions of Fair Market Value (FMV) and commercial reasonableness related to telemedicine arrangements. During this session, we will explore the recent developments propelling the rapid expansion of this service modality. In addition, we will cover the nuances associated with opinions of FMV and commercial reasonableness in relation to telemedicine arrangements and highlight the essential factors that drive the FMV determination of telemedicine service arrangements. Participants will be supplied with a checklist that synthesizes the content of the presentation and provides a tool for ensuring thorough evaluation of telemedicine service arrangements.



  • Cover hot topics and regulatory updates in telemedicine and digital health
  • Establish a background in common telemedicine service lines encountered in the marketplace
  • Help participants understand why commercial reasonableness opinions are relevant to telemedicine arrangements
  • Identify the key characteristics of telemedicine arrangements that drive their value
  • Learn how to issue-spot and avoid potential compliance pitfalls associated with telemedicine arrangements
  • Draw on concrete examples of business models and structures telemedicine providers could use in-state and abroad


Beginner/ Intermediate – the presentation will provide background in the telemedicine industry, compliance/regulatory challenges, and the process of determining FMV for service arrangements.  The presentation seeks to develop a high degree of awareness among participants regarding the value drivers of telemedicine arrangements.  Finally, audience members will be provided with sufficient understanding to proactively evaluate service arrangements for potential compliance concerns.


  1. Learning Objectives
  2. Background – Telemedicine, Recent Milestones, FMV and Commercial Reasonableness
  3. Recurring Telemedicine Issues – Licensure, Practice Standards, and Reimbursement
  4. The Essentials of Telemedicine Service Arrangements – Services and Compensation Terms
  5. Synthesis: Value-Drivers of Telemedicine Service Arrangements
  6. Q&A
Luis A. Argueso is a director in the HealthCare Appraisers' Colorado office, where his practice involves the appraisal of healthcare businesses and the valuation of healthcare provider compensation relationships. He specializes in the valuation of compensation arrangements between hospitals and medical groups which staff and medically direct hospital-based service lines including: anesthesiology, emergency, hospitalists, and radiology departments. He provides litigation support services for healthcare entities and consults with clients on improving the efficiency, quality, and compliance of hospital-based service arrangements, and in the analysis of the economic impact of healthcare businesses. He holds a Bachelor's degree in Economics from Princeton University.

Thomas (T.J.) Ferrante is senior counsel and a board certified health care lawyer with Foley & Lardner LLP, where he focuses his practice on telemedicine, telehealth, and virtual care, as well as a wide range of transactional and related regulatory issues for health industry clients. Mr. Ferrante works with hospitals, health systems, providers and start-ups to build telemedicine arrangements across the United States and internationally. He has experience with a variety of transactions, including mergers and acquisitions, joint ventures, strategic affiliations, obtaining and maintaining tax-exemption, employment contracts and leases, and other transactional matters.
Mr. Ferrante also advises health care clients in all aspect of federal and state regulatory matters, including anti-kickback, self-referral laws, state licensure, fee splitting, Medicare and Medicaid reimbursement and compliance.