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
The Georgia Composite Medical Board recently finalized a new amendment to its telemedicine practice standards. The purpose of the amendment was to address the use of technology as it relates to telemedicine, and clarify the...more
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 American Telemedicine Association (ATA) issued a policy comment letter to the Centers for Medicare and Medicaid Services (CMS), advocating for telehealth-friendly changes to Medicare’s telehealth coverage and...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
On August 3, 2020, the Centers for Medicare and Medicaid Services (CMS) issued the advance copy of its proposed 2021 Physician Fee Schedule rule, which contains new telehealth services covered under Medicare. Compared to...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 released the 2020 final rule with changes to its virtual care codes. The new provision, officially titled “Communication Technology-Based Services,” introduces three new covered Telehealth Services. These changes...more
CMS just released the 2020 final rule with changes to remote patient monitoring (RPM), officially titled “Chronic Care Remote Physiologic Monitoring,” reimbursed under the Medicare program, as part of the Physician Fee...more
11/5/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Co-payments ,
Cost-Sharing ,
Digital Health ,
Final Rules ,
Health Care Providers ,
Medicare ,
Patient Prospective Payment System ,
Physician Fee Schedule ,
Physicians ,
Rural Health Care Providers
The OIG recently released proposed revisions to the Anti-Kickback Statute (AKS) and Civil Monetary Penalties (CMP) Law. Several of these changes, if finalized, will directly benefit companies offering telemedicine and digital...more
10/28/2019
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
CMP Waivers ,
Digital Health ,
DMEPOS ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Medicare ,
OIG ,
Safe Harbors ,
Telemedicine ,
Value-Based Care ,
Waivers
On October 11, 2019, California Governor Gavin Newsom signed a new law requiring commercial health insurance coverage and payment parity for telehealth services. The law will benefit patients by increasing access and...more
On July 29, the Centers for Medicare and Medicaid Services (CMS) issued its proposed 2020 Physician Fee Schedule rule, which contains new telehealth services covered under Medicare. Surprisingly, CMS did not receive any...more
Last week, CMS proposed two significant changes to remote patient monitoring (RPM) services reimbursed under the Medicare program. The changes, part of the proposed 2020 Physician Fee Schedule, have been hotly anticipated by...more
On April 29, 2019, the Florida State Legislature passed HB 23, a law providing additional guidelines on the use of telehealth in the Sunshine State. The bill is now on its way to Governor DeSantis’ desk where he is expected...more
On April 18, 2019, Arizona Governor Doug Ducey signed a new law expanding insurance coverage for telehealth services, including asynchronous telemedicine and remote patient monitoring. The Arizona Legislature passed, nearly...more
Two Maryland licensing boards – the Board of Examiners of Psychologist and the Board of Professional Counselors and Therapists – issued a pair of proposed rules setting forth practice standards for mental health services...more
New Mexico lawmakers passed new legislation designed to close gaps in the state’s current telehealth insurance coverage law, provide coverage clarity to patients, and ensure payment parity to in-network health care providers....more
Momentum and support continues to build for telehealth commercial coverage laws across the United States, designed to ensure that covered members of health insurance plans can enjoy the full scope of their medical benefits –...more