The FCC has released a public notice providing initial guidance for healthcare providers that intend to apply for funding from the FCC's $200 million COVID-19 Telehealth Program. Although the application window has not been opened, it is scheduled to open at noon on April 13. The public notice discusses steps prospective applicants should take now while they wait for the FCC to release the application and for the application window to open. Certain steps described in the public notice should be completed immediately because they are prerequisites to filing an application for funding.

Guidance on eligible services and devices

The public notice lists services and devices the FCC expects to be able to fund. The list is illustrative, not exclusive:

• Voice and internet services: These services would be funded for both providers and patients.
• Other information services: These services would include remote patient monitoring platforms; reported outcome platforms; services that store and forward patient information; and synchronous video consultation.
• Internet connected devices and equipment: The covered devices would include smartphones; tablets; connected devices to receive connected care services at home (such as blood pressure monitors); and telecommunications kiosks or carts at the provider's location.

Services and devices purchased on or after March 13, 2020, will be eligible for support. While the COVID-19 program will provide full funding for eligible services and devices, the FCC expects to limit funding to $1 million per successful applicant. Funding will be awarded on a rolling basis until all $200 million is awarded.

Information for the application

The public notice provides a detailed overview of the information that will be required in the application. Much of this information also was included in the FCC's original order, and described in an earlier COVID-19 alert. The public notice also provides detail on the information that will be required on the services and devices that will be funded:

• Medical services to be provided: The public notice lists patient-based, internet-connected remote monitoring; other monitoring; video consults; voice consults; imaging diagnostics; other diagnostics; and remote treatment as eligible for funding. The application also will allow providers to describe other services not on the list.
• Conditions to be treated with COVID-19 telehealth funding: The application will ask whether the provider will treat COVID-19 patients directly and whether it will treat patients without COVID-19 symptoms or conditions (and what symptoms or conditions will be treated). If the provider will treat patients without COVID-19 symptoms or conditions, it must explain how using the COVID-19 program funding to treat patients without COVID-19 symptoms or conditions would free up resources that will be used to treat COVID-19.
• Devices: If requesting funding for devices, providers must include a description of the devices, how the devices are integral to patient care and whether the devices are for patient use or for the healthcare provider's use.

Prerequisites for any application

Before any healthcare provider can apply for COVID-19 program funding, it must complete certain steps:

• It must have an FCC Registration Number (FRN) to file a funding application. Applicants that do not already have an FRN can obtain one from the FCC.
• It must have an eligibility determination from the Universal Service Administrative Company (USAC). Applicants that already have an eligibility determination do not need to reapply, but any applicant that does not have one must file FCC Form 460 with USAC before filing an application. Providers can apply for the COVID-19 program while an eligibility determination is pending.
• It must register with the federal System for Award Management (SAM) to receive funding. This process does not need to be completed to submit an application, but no payments can be made until the registration process is completed. Applicants that already are registered with SAM do not need to re-register.

Application process

The FCC will create an online portal for applications and requests for funding for the COVID-19 program. The FCC will announce the availability of the portal in a public notice and on its dedicated page for COVID-19 resources. The FCC will begin accepting applications for the COVID-19 program as soon as the federal Office of Management and Budget approves the information collection requirements in the decision. As of this writing, the application is expected to open on or about April 13.

Eligibility and participation

Cooley's original alert on the COVID-19 program includes other important information on what entities are eligible to apply for funding, how the FCC will evaluate applications and other important elements of the application process.

Providers that wish to participate in either program should begin preparing applications as soon as possible. In particular, providers that do not have an FRN, have not yet qualified for federal universal service funding or have not yet registered with SAM should take those steps immediately. Lawyers in the Cooley communications practice can assist in preparation of applications and related materials.