On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more
On March 1, 2023, the Drug Enforcement Agency (DEA) officially published proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The DEA gave the public a 30...more
On February 24, 2023, the Drug Enforcement Agency announced proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The proposed rules are open for public...more
2/27/2023
/ Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Opioid ,
Prescription Drugs ,
Proposed Rules ,
Public Health Emergency ,
Recordkeeping Requirements ,
Ryan Haight Act ,
SAMHSA ,
Telemedicine
With 2022 closed, there is growing anticipation (trepidation?) about what is in store for digital health in the new year. Will venture funding trickle or will 2023 see more liquidity in the markets? What legal and policy...more
The American Hospital Association (AHA), on behalf of its nearly 5,000 member hospitals and health systems, sent a letter urging the Drug Enforcement Agency (DEA) to take immediate action to allow telemedicine prescribing of...more
On November 1, 2022, the Centers for Medicare and Medicaid Services (CMS) released its final 2023 Medicare Physician Fee Schedule (PFS) rule. As finalized, some of the most significant telehealth policy changes include: ...more
Starting January 1, 2023, Medicare will cover telehealth-based treatment services delivered by federally-accredited opioid treatment programs (OTPs), commonly referred to as “methadone clinics.” This new reimbursement is...more
11/10/2022
/ Consolidated Appropriations Act (CAA) ,
DEA ,
Drug Treatment ,
Final Rules ,
Medicare ,
Opioid ,
Physician Fee Schedule ,
Public Health Emergency ,
Ryan Haight Act ,
SAMHSA ,
Social Security Act ,
Substance Abuse ,
Telehealth
A coalition of health care associations has issued a call for stakeholders to sign onto a letter urging the Drug Enforcement Agency (DEA) to take immediate action allowing telemedicine prescribing of controlled substances...more
Continued access to telehealth services, particularly as it relates to medication assisted treatment (MAT) for substance use disorder (SUD), enjoys strong support among patients and clinicians, yet laws continue to trail...more
As online digital health services continue to enjoy broader use and appeal, federal regulators are concerned some telemedicine online patient-user interfaces fail to accommodate persons with disabilities and limited English...more
9/13/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Digital Health ,
Disabilities ,
Limited English Proficiency (LEP) ,
Mental Health ,
Non-Discrimination Rules ,
Proposed Rules ,
Public Health Emergency ,
Telemedicine ,
Title VI
On July 20, 2022, HHS-OIG published a new Special Fraud Alert on arrangements with telemedicine companies, setting forth seven characteristics OIG believes could suggest a given arrangement poses a heighted risk of fraud and...more
On July 7, 2022, the Centers for Medicare and Medicaid Services (CMS) released its proposed 2023 Medicare Physician Fee Schedule (PFS) rule. The rule, if enacted as proposed, will:
Create three new permanent telehealth...more
7/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Consolidated Appropriations Act (CAA) ,
Medicare ,
Medicare Part B ,
Physician Fee Schedule ,
Proposed Rules ,
Public Health Emergency ,
Social Security Act ,
Substance Abuse ,
Telehealth ,
Waivers
The Centers for Medicare & Medicaid Services (CMS) has finalized its rule on in-person exam requirements for Medicare coverage of telehealth-based mental health services when the patient is located at home. The Frequently...more
Three times as many consumers say they plan on continuing to use telehealth services, and more than half of providers view it more favorably now than before.
As telemedicine companies stepped up during the COVID-19...more
...On July 13, 2021, the Centers for Medicare and Medicaid Services (CMS) released an advance copy of the calendar year (CY) 2022 Medicare Physician Fee Schedule (PFS) proposed payment rule, to be published on July 23, 2021....more
...The Centers for Medicare & Medicaid Services (CMS) has proposed permanent Medicare coverage of audio-only mental health telehealth services. Currently, Medicare covers audio-only telehealth under temporary waivers that...more
Florida’s telehealth emergency waivers ended on June 26, 2021, after Governor Ron DeSantis’ Office allowed the waivers to expire. The waivers were originally contained in Emergency Orders 20-002 and 20-003. On July 1, 2021,...more
New York’s telehealth emergency waivers have expired, according to a June 25, 2021 announcement issued by Governor Andrew Cuomo’s Office declaring the waivers (contained in Executive Orders 202 through 202.11 and 205 through...more
Throughout the COVID-19 pandemic, federal agencies have sought to allow health care companies more flexibility to use popular technology and applications to better engage with their patients. One example is the Department of...more
Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of...more
3/1/2021
/ Audits ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Fraud ,
Home Health Agencies ,
Home Health Care ,
Medicaid ,
Medicare ,
Medicare Part B ,
Mental Health ,
OIG ,
Public Health Emergency ,
Telehealth ,
Telemedicine ,
Waivers
With 2020 officially behind us, what does 2021 have in store for telemedicine and digital health policy? A year ago, our team predicted 2020 would bring “notable expansions in Medicare and Medicaid coverage” and “the...more
1/12/2021
/ American Telemedicine Association ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Health ,
Enforcement Actions ,
Fraud ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medicare ,
OIG ,
Public Health Emergency ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reimbursements ,
Telehealth ,
Waivers
The Centers for Medicare and Medicaid Services (CMS) just released its 2021 Final Rule (Physician Fee Schedule), with telehealth policy changes and a list of new services covered under Medicare. Actions taken by CMS during...more
12/3/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Final Rules ,
HCPCS ,
Medicare ,
Mental Health ,
Nursing Homes ,
Physician Fee Schedule ,
Public Health Emergency ,
Reimbursements ,
Secretary of HHS ,
Telehealth
On October 14, 2020, CMS added eleven new codes to the list of telehealth services covered by Medicare during to the COVID-19 Public Health Emergency (PHE). Coverage for these new services is effective immediately and will...more
The Centers for Medicare & Medicaid Services (CMS) recently issued its proposed 2021 Physician Fee Schedule rule, enumerating the services CMS proposes to add (and remove) from the list of telehealth services covered under...more
On August 3, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a number of clarifications and proposals on remote patient monitoring (RPM) services reimbursed under the Medicare program. The changes, part of...more