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Trump Announces Expansion of Telehealth Services Through Medicare

By Julian Rivera & Theresa Langley on March 18, 2020
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On March 17, 2020, President Trump announced the expansion of Medicare telehealth coverage to allow providers to virtually visit with Medicare beneficiaries amid the COVID-19 pandemic. The telehealth benefits expansion is in accordance with the President’s emergency declaration under the Stafford Act and the recently passed Coronavirus Preparedness and Response Supplemental Appropriations Act. By expanding telehealth benefits for Medicare beneficiaries, the Trump administration hopes to alleviate pressure on healthcare facilities that deal with urgent cases and ensure that elderly beneficiaries may seek care while minimizing exposure to the virus.

Prior to the COVID-19 outbreak, Medicare only covered telehealth services for “virtual check-ins” and routine visits for beneficiaries in rural areas and at certain facilities. Now CMS will temporarily pay clinicians to provide broad telehealth services for Medicare beneficiaries with dates of service on or after March 6th.

A range of healthcare providers, including doctors, nurse practitioners, clinical psychologists, and licensed clinical social workers, may offer telehealth to Medicare beneficiaries, who may receive office visits, mental health counseling and preventive health screenings via telehealth. Beneficiaries will be able to receive telehealth services in any healthcare facility including a physician’s office, hospital, nursing home or rural health clinic, as well as from their homes.

The Trump administration is also relaxing privacy enforcement to let providers video chat with Medicare beneficiaries on popular platforms, including FaceTime, Facebook Messenger, Google Hangouts, and Skype, via their phones rather than established telehealth platforms. The Office for Civil Rights, which enforces HIPAA, will use discretion in collecting penalties for good faith use of telehealth during the national public health emergency, even if the services are not provided through HIPAA-compliant technology.

Additional Resources

“President Trump Expands Telehealth Benefits for Medicare Beneficiaries During COVID-19 Outbreak,” U.S. Centers for Medicare & Medicaid Services, March 17, 2020

“Medicare Telemedicine Health Care Provider Fact Sheet,” U.S. Centers for Medicare & Medicaid Services, March 17, 2020

“Notification of Enforcement Discretion for telehealth remote communications during the COVID-19 nationwide public health emergency,” U.S. Department of Health & Human Services, Content last reviewed on March 17, 2020

Photo of Julian Rivera Julian Rivera

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare…

Julian represents healthcare providers and healthcare technology companies on a wide range of regulatory compliance, operations, transactions, litigation and business matters.

Julian’s work includes representing providers in Texas Medical Board license and federal health program cases. Clients seek his help in maximizing healthcare provider opportunities and navigating Food and Drug Administration (FDA) regulation. He also has extensive experience representing clients on matters involving healthcare technology, including emerging technologies with big data, artificial intelligence, telemedicine and telehealth.

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Photo of Theresa Langley Theresa Langley

Theresa has experience representing hospital systems, physician groups and medical schools, and she advises clients on a variety of state and federal regulations, including the confidentiality of health information, fraud and abuse laws, Medicare and Medicaid reimbursement, and EMTALA.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Law Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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