American Telemedicine Association Responds to Medicare Telehealth 2021 Proposed Rule

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Foley & Lardner LLPThe 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 reimbursement rules. The ATA’s letter also made recommendations on CMS’ proposed interpretations on remote patient monitoring (RPM) requirements. The letter was submitted in response to CMS’ 2021 Physician Fee Schedule proposed rule.

The ATA letter notes: “The ATA appreciates CMS’s efforts to expand access to telehealth. With Congressional authority, CMS has led the way in expanding access to remote care during the COVID-19 public health emergency. With this proposed rule, CMS seeks to make some of those regulatory flexibilities permanent. The ATA strongly supports increased access to telehealth services in the Medicare program in order to increase access to clinically and cost-effective care, particularly for underserved populations.”

How to Submit Comments to CMS on the Proposed Telehealth and RPM Changes

Providers, technology entrepreneurs, and industry stakeholders still have time make their voice heard on telehealth and RPM by submitting comments to CMS—anonymously or otherwise—via electronic submission at this link. Alternatively, commenters may submit comments via mail to:

  • Regular Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, P.O. Box 8016, Baltimore, MD 21244-8016.
  • Express Overnight Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.  

CMS is soliciting comments on the proposed rule until 5:00 p.m. on October 5, 2020.

The proposed changes for 2021 demonstrate CMS’ commitment to expanding meaningful patient access to care via telemedicine and digital health technology, both during the public health emergency and beyond. CMS is developing a post-pandemic strategic plan for telehealth, and industry advocates, entrepreneurs, and healthcare providers can use this moment to share their recommendations, ideas, and suggestions during the public comment period. This feedback—both policy ideas and by submitting clinical studies and concrete data—will be vital to CMS’ continued ability to improve and innovate under the Medicare program.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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