ARTICLE
30 March 2020

Dateline: Telehealth And COVID-19

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Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
CMS issued guidance this afternoon on expanded Medicare coverage of telehealth services during the COVID-19 outbreak.
United States Food, Drugs, Healthcare, Life Sciences

CMS issued guidance this afternoon on expanded Medicare coverage of telehealth services during the COVID-19 outbreak. Under the guidance, Medicare will pay for office, hospital, and other visits furnished via telehealth across the country, including in patient's places of residence, retroactive to March 6, 2020. CMS does not plan to enforce any requirement that visits be provided by physicians or practitioners with an established relationship with the patient. Telehealth visits will be paid at the same rate as regular, in person visits. Read CMS' fact sheet on waiver of telehealth requirements. CMS has also published a FAQ on the waiver, available here.

Contemporaneously, the HHS OIG issued a Policy Statement that it will not impose administrative sanctions if "a physician or other practitioner reduces or waives cost-sharing obligations...that a beneficiary may owe for telehealth services furnished consistent with the then-applicable coverage and payment rules" if "the telehealth services are furnished during the time period subject to the COVID-19 Declaration." Read the Policy Statement.

Further analysis from our health care team will follow shortly. As always, we welcome your questions as guidance responding to the COVID-19 outbreak continues to evolve.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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