Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more
12/11/2023
/ Acquisitions ,
Artificial Intelligence ,
Digital Health ,
Divestiture ,
Health Care Providers ,
Health Technology ,
Healthcare ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Mental Health ,
Mergers ,
Startups ,
Telehealth ,
Valuation ,
Value-Based Care
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
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
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
As if telemedicine companies didn’t already have enough regulatory complexities, a number of states have begun to implement “telemedicine business registrations” prior to launching services in new states. Among them is...more
What is the Telehealth Extension and Evaluation Act?
The Telehealth Extension and Evaluation Act would establish a two-year extension for certain COVID-19 emergency telehealth waivers. The legislation aims to extend the...more
2/15/2022
/ Beneficiaries ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Extensions ,
Legislative Agendas ,
Medicare ,
New Legislation ,
Ryan Haight Act ,
State Legislatures ,
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
Continuing the trend of expanded Medicare reimbursement for remote monitoring, the Centers for Medicare and Medicaid Services (CMS) released the 2022 Physician Fee Schedule final rule on its new Remote Therapeutic Monitoring...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
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
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
The telemedicine and digital health industry has a new organization, the Telehealth Equity Coalition (TEC), which seeks expanded, meaningful access to health care. Launched in February 2021, the TEC works with nonprofit,...more
The Public Health Emergency introduced a myriad of changes to federal and state telemedicine and digital health laws and rules. There were expansions to telehealth coverage and reimbursement, suspension of enforcement on...more
For years, Foley has monitored legal policy in the telemedicine and digital health industry, following how advances in technology have coupled with improved state regulations to supercharge the growth of telehealth and...more
CMS just issued a correction to its guidance on 2021 Medicare rules for remote physiologic monitoring (RPM) services. The correction is effective January 1, 2021 and revises the preamble commentary in the Medicare Physician...more
Massachusetts has a new telehealth law on the books, signed into law by Governor Charlie Baker as part of a comprehensive healthcare bill. The telehealth provisions constitute only a portion of the 70-page legislation, but...more
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
On December 4, 2020, the IRS released a new private ruling (PLR 202049002), holding that a physician-owned medical services professional corporation (PC) could be included in a consolidated tax return filing along with the...more
New guidance is available for remote patient monitoring (RPM) companies on cybersecurity and privacy compliance. The National Cybersecurity Center of Excellence (NCCoE), part of the National Institute of Standards and...more
On December 1, 2020, the Centers for Medicare and Medicaid Services (CMS) finalized new policies related to remote patient monitoring aka remote physiologic monitoring or “RPM,” reimbursed under the Medicare program. The...more
12/7/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Rules ,
Food and Drug Administration (FDA) ,
Healthcare Workers ,
Medical Devices ,
Medicare ,
Physician Fee Schedule ,
Physician Medicare Reimbursements ,
Physicians ,
Telehealth
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