Hogan Lovells Digital Health brochure 2024 - Flipbook - Page 26
Hogan Lovells
Commercialization
Some digital health technologies
include software applications
alone, while other interface with
hardware or other systems. For this
reason, commercialization for these
technologies can encounter unique
issues beyond the obvious challenge
of driving market adoption.
For starters, Medicare has been slow
to commit to modi昀椀cations to the
reimbursement infrastructure to allow for
separate payment or other reimbursement
adjustments that would encourage adoption
of novel digital health products that the
agency views as capital equipment. In fact,
the agency has even been slow to implement
adequate policies for digital therapeutics
products that can 昀椀t nicely within existing
payment schemes.
For example, there has long been a lack of
clarity around whether and how software
could be separately covered by Medicare.
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