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2024 Predictions: Unveiling the future of healthcare mergers and acquisitions

Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more

CMS Finalizes Changes for Telehealth Services for 2023

On November 1, 2022, the Centers for Medicare and Medicaid Services (CMS) released its final 2023 Medicare Physician Fee Schedule (PFS) rule. As finalized, some of the most significant telehealth policy changes include: ...more

Expanded Medicare Telehealth Coverage for Opioid Use Disorder Treatment Services Furnished by Opioid Treatment Programs

Starting January 1, 2023, Medicare will cover telehealth-based treatment services delivered by federally-accredited opioid treatment programs (OTPs), commonly referred to as “methadone clinics.” This new reimbursement is...more

Telemedicine Laws for Opioids and Substance Use Disorder Treatment

Continued access to telehealth services, particularly as it relates to medication assisted treatment (MAT) for substance use disorder (SUD), enjoys strong support among patients and clinicians, yet laws continue to trail...more

Medicare Telehealth Services for 2023 – CMS Proposes Substantial Changes

On July 7, 2022, the Centers for Medicare and Medicaid Services (CMS) released its proposed 2023 Medicare Physician Fee Schedule (PFS) rule. The rule, if enacted as proposed, will: Create three new permanent telehealth...more

Mississippi’s Telemedicine Business Registry: What You Need to Know

As if telemedicine companies didn’t already have enough regulatory complexities, a number of states have begun to implement “telemedicine business registrations” prior to launching services in new states. Among them is...more

The Federal Telehealth Extension and Evaluation Act: What You Need to Know

What is the Telehealth Extension and Evaluation Act? The Telehealth Extension and Evaluation Act would establish a two-year extension for certain COVID-19 emergency telehealth waivers. The legislation aims to extend the...more

Medicare Telehealth Mental Health FAQs: CMS and the New In-Person Exam Requirement

The Centers for Medicare & Medicaid Services (CMS) has finalized its rule on in-person exam requirements for Medicare coverage of telehealth-based mental health services when the patient is located at home. The Frequently...more

Telemedicine Will Remain Even as the COVID-19 Crisis Recedes; But the Policies That Enabled Great Advances in Telemedicine Should...

Three times as many consumers say they plan on continuing to use telehealth services, and more than half of providers view it more favorably now than before. As telemedicine companies stepped up during the COVID-19...more

2022 Medicare Remote Therapeutic Monitoring FAQs: CMS Final Rule

Continuing the trend of expanded Medicare reimbursement for remote monitoring, the Centers for Medicare and Medicaid Services (CMS) released the 2022 Physician Fee Schedule final rule on its new Remote Therapeutic Monitoring...more

Medicare Proposes New Changes for Telehealth Services in 2022

...On July 13, 2021, the Centers for Medicare and Medicaid Services (CMS) released an advance copy of the calendar year (CY) 2022 Medicare Physician Fee Schedule (PFS) proposed payment rule, to be published on July 23, 2021....more

Florida Ends Telehealth Waivers; Department of Health Issues Update

Florida’s telehealth emergency waivers ended on June 26, 2021, after Governor Ron DeSantis’ Office allowed the waivers to expire. The waivers were originally contained in Emergency Orders 20-002 and 20-003. On July 1, 2021,...more

New York Ends Telehealth Waivers; Issues New Medicaid Guidance

New York’s telehealth emergency waivers have expired, according to a June 25, 2021 announcement issued by Governor Andrew Cuomo’s Office declaring the waivers (contained in Executive Orders 202 through 202.11 and 205 through...more

OIG Has Seven (Yes Seven!) Different National Telemedicine Audits

Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of...more

Telehealth Equity Coalition Seeks to Improve Telehealth Equity for All

The telemedicine and digital health industry has a new organization, the Telehealth Equity Coalition (TEC), which seeks expanded, meaningful access to health care. Launched in February 2021, the TEC works with nonprofit,...more

Is This the Worst Medicare Telehealth Law of 2020?

The Public Health Emergency introduced a myriad of changes to federal and state telemedicine and digital health laws and rules. There were expansions to telehealth coverage and reimbursement, suspension of enforcement on...more

50-State Survey of Telehealth Commercial Insurance Laws

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 Revises 2021 Remote Patient Monitoring Rules, Issues Correction

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

New Massachusetts Telehealth Law Signed: Top 3 Changes

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

Top 5 Telehealth Law Predictions for 2021

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

Telehealth Companies Should Read This New IRS Tax Ruling

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

Remote Patient Monitoring Platforms Get New Cybersecurity and Privacy Guidelines

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

2021 Medicare Remote Patient Monitoring FAQs: CMS Issues Final Rule

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

Top Five New Telehealth Policies in Medicare 2021 in Physician Fee Schedule

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

CMS Announces New Medicare Telehealth Services and Updates Medicaid Telehealth Toolkit

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

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