New Coronavirus Law Allowing Waiver of Telehealth Restrictions

3.6.2020

Wilentz Health Law Check Up

On March 6, 2020, President Trump signed HB 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. The Act is an $8.3 billion supplemental funding bipartisan package to address the coronavirus outbreak. The package includes the ‘‘Telehealth Services During Certain Emergency Periods Act of 2020’’ which gives the Secretary of US Department of Health and Human Services (HHS) the authority to waive or modify telehealth restrictions under Medicare during the coronavirus emergency to ensure Medicare beneficiaries are able to receive telehealth services at home without risk of exposure.

The Act grants the secretary of the HHS authority to waive the originating site requirement for telehealth services provided to Medicare beneficiaries located in any identified “emergency area” during “emergency periods” by a qualified provider.

An “emergency area” is a geographical area in which, and an “emergency period” is the period during which, there exists: (i) an emergency or disaster declared by the president pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (ii) a public health emergency declared by the secretary.

Qualifying telehealth services may be provided to Medicare beneficiaries via phone, but only if the phone allows for audio-video interaction between the provider and the beneficiary.

This package enables healthcare providers to utilize telehealth in response to COVID-19 to treat Medicare beneficiaries from their home in those emergency areas identified by the president and secretary during emergency periods. The package also authorizes an additional $500 million in mandatory spending for telehealth through Medicare in addition to the $6.497 billion authorized for HHS.

We await further guidance on the billing and other requirements applicable to coronavirus-related telehealth claims.

For questions or concerns concerning the Act and your practice, please contact Grace Mack or any member of the Health Law Team.

Tags: Coronavirus (COVID-19)Telehealth

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

Sign Up

Grace D. Mack Photo

Grace D. Mack
Co-Chair, Health Law Team
Shareholder
732.855.6025