The COVID-19 pandemic has fundamentally changed many aspects of healthcare delivery. Most notably, the pandemic increased the demand for digital health services. Telemedicine saw ten years’ worth of expansion in one year, but it was not the only digital health service that exploded as a result of the pandemic. Telehealth has evolved from merely meeting with a provider via a video conference to include more sophisticated technologies. Remote Patient Monitoring (“RPM”) allows for providers to collect patient data without the patient having to go to a healthcare facility for monitoring. RPM can improve the quality of healthcare delivery by more closely monitoring a patient while also reducing patient volumes within a healthcare setting. In addition, because RPM allows patients to get more care at home, it can largely reduce costs to the patient and the payor while increasing access. Despite the many benefits associated with RPM, there are considerable risks and compliance issues.
Despite the recent surge in COVID-19 cases, many Americans are still returning to the office. Kastle Systems, a large security services provider, reported that an average of 32.1 percent of employees across ten big cities were returning to work as of August 11, 2021. On August 23, 2021, the Food and Drug Administration (“FDA”) granted full approval to Pfizer/BioNTech’s COVID-19 vaccine. Polls have shown that the FDA approval will lead to an increase in vaccinations. While many people are not going back to the office, most Americans do have plans to return to work. As a result, employers are working to create return-to-work plans, while employees are left wondering about the extent of their rights. The Americans with Disabilities Act (“ADA”) covers employers with 15 or more employees, including government employers, agencies, and labor organizations. The ADA imposes restrictions on the amount and type of medical information that an employer may obtain from an employee or applicant in order to prevent discrimination on the basis of a disability. The ADA has been dissected to better understand the regulations that govern the return to the workplace.