News & Analysis as of

Telemedicine Waivers Public Health Emergency

Sheppard Mullin Richter & Hampton LLP

DEA and SAMHSA Extend Tele-Prescribing Flexibilities

This week, the Drug Enforcement Administration (“DEA”), in conjunction with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), issued a temporary rule extending the telemedicine waivers of the Ryan...more

Foley & Lardner LLP

DEA Extends Telemedicine Flexibilities for Prescribing of Controlled Medications

Foley & Lardner LLP on

On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more

Pullman & Comley - Connecticut Health Law

The Status of 10 Key CMS Waivers Affecting Health Care Practitioners Following the Expiration of the COVID Public Health Emergency...

The Centers for Medicare & Medicaid Services (CMS) used its emergency waiver authority to relax many aspects of health care delivery during the federal Public Health Emergency for COVID-19 (PHE) to allow health care...more

Morgan Lewis - Health Law Scan

Back to Business: Adapting to the Expiration of 4 HIPAA Enforcement Discretion Waivers

Throughout the COVID-19 pandemic and related public health emergency (PHE), the US Department of Health and Human Services, Office for Civil Rights (OCR) issued four Notifications of Enforcement Discretion (referred to as...more

Ankura

COVID-19 Public Health Emergency – Compliance Considerations as We Prepare for the End of the PHE

Ankura on

On January 30, 2023, the Biden Administration announced plans to end the Public Health Emergency (PHE) on May 11, 2023. The PHE was enacted on January 27, 2020, to provide flexibility to healthcare providers and payors...more

Goodwin

Telehealth Issues to Watch in 2023

Goodwin on

During the COVID-19 pandemic, telehealth utilization exploded. Globally, the telehealth market is valued at $83.5 billion and is expected to grow by 24% between 2023 and 2030. As services delivered via telehealth became more...more

Venable LLP

Developments in Interstate Telehealth Licensing

Venable LLP on

As states roll back emergency provisions that allowed out-of-state providers to offer telehealth services during the COVID 19 pandemic, more permanent changes in interstate telehealth are under way. In April 2022, the...more

Sheppard Mullin Richter & Hampton LLP

Finding Our Way Out of the Pandemic Haze: What Telehealth Tools Are Medicare Providers Allowed to Keep, and Which Must They Leave...

During the COVID-19 pandemic, Medicare coverage expanded to include a vast arsenal of tools that help patients access medical services while keeping patients and practitioners safe. Many of these tools involve telehealth...more

McDermott Will & Emery

Senate Approves Resolution to End COVID-19 National Emergency Declaration

McDermott Will & Emery on

On November 15, the Senate approved a resolution to end the national emergency concerning COVID-19 declared by the president on March 13, 2020. The resolution was approved by a bipartisan vote of 62–36, with 13 Democrats...more

Buchalter

Traps For The Unwary Telehealth Provider

Buchalter on

“The provision of health care services via telemedicine has been growing in popularity over the last several years. With the arrival of the COVID-19 pandemic, healthcare providers were able to rely on a variety of temporary...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Expiration of Arkansas' Public Health Emergency

Since the COVID-19 public health emergency was initiated in Arkansas in March 2020, Governor Asa Hutchinson has repeatedly renewed the emergency order, maintaining the public health emergency for fourteen (14) months. ...more

Sheppard Mullin Richter & Hampton LLP

The “State” of Telehealth: Texas - Update

Texas Makes Significant Strides to Expand Telehealth - On April 14, 2021, the Texas House passed House Bill 4 (the “Bill” or “HB4”), a telehealth bill seeking to make permanent the temporary waivers issued during the public...more

McDermott Will & Emery

[Webinar] Telehealth in the Hot Seat: Proactive Compliance in the Face of Heightened Enforcement - April 27th, 12:00 pm - 1:00 pm...

McDermott Will & Emery on

Telehealth has become an integral part of care delivery, particularly in light of the waivers instituted during COVID-19. However, these flexibilities remain in flux and at the same time, government scrutiny and enforcement...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

McDermott Will & Emery

HHS Signals Commitment to “Predictability and Stability,” Extends Public Health Emergency Declaration “Likely” for Entirety of...

McDermott Will & Emery on

In a recent letter to state governors, Acting Secretary of Health and Human Services Norris Cochran signaled the US Department of Health and Human Services’ (HHS’s) commitment to “predictability and stability” in the ongoing...more

Mintz - Health Care Viewpoints

Telehealth Update: Expansion of the Public Health Emergency, Telehealth Services for Home Health Beneficiaries, and a Special...

As COVID-19 infection rates continue to rise in areas of the country, telehealth continues to play an important role in the delivery of healthcare, especially to those most vulnerable to the virus. The Public Health...more

Mintz - Health Care Viewpoints

Telehealth Update: CMS Proposed CY 2021 Payment Policies, Extension of the Public Health Emergency, Increasing Access after...

On August 4, CMS posted a proposed rule on CY 2021 Payment Policies, which included important updates about the expansion of Medicare covered telehealth services due to the COVID-19 pandemic. This follows on the heels of...more

Benesch

Updated Telehealth Summary (III): Telehealth During COVID-19 National Emergency

Benesch on

Acting under its broad authority granted under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), in an April 21, 2020 release the Centers for Medicare and Medicaid Services (“CMS”) announced an even...more

Hinshaw & Culbertson - Health Care

DEA Waives Telemedicine and Other Rules for Controlled Substances

The Drug Enforcement Agency (DEA) recently published guidance relating to the COVID-19 public health emergency, including the ability to prescribe controlled substances via telemedicine without a prior in-person exam;...more

Dorsey & Whitney LLP

Medicare Payment Rules Changed to Allow Broad Use of Remote Communications Technology

Dorsey & Whitney LLP on

On Monday, April 6th the Centers for Medicare and Medicaid Services (“CMS”) adopted an interim final rule to change a wide range of Medicare payment policies during the COVID-19 public health emergency so that Medicare...more

Goodwin

COVID-19: U.S., State Governments Expand Access to Telehealth Services; Reduce Other Barriers to Care

Goodwin on

In response to the COVID-19 pandemic, the U.S. and many state governments have taken a number of steps to expand access to telehealth services and reduce other barriers to care. Among other things, the U.S. Centers for...more

McDermott Will & Emery

OCR Enforcement Waivers of Certain HIPAA Requirements in Furtherance of Telehealth During COVID-19 Pandemic

McDermott Will & Emery on

In response to the global Coronavirus (COVID-19) pandemic, US state and federal government agencies have worked to promote utilization of telehealth. Prior to and following President Trump’s declaration of a national...more

Baker Donelson

Coronavirus: Relief for Behavioral Health Providers in Agency Waivers, Guidance

Baker Donelson on

As federal agencies scramble to provide regulatory relief from the fall-out of the coronavirus pandemic taking hold in the United States, several waivers and bulletins provide guidance specifically applicable to substance use...more

Baker Donelson

Coronavirus: Executive Order Relaxes Regulatory Requirements on Health Care Facilities, Physicians, and Pharmacists in Georgia

Baker Donelson on

On March 20, 2020, Georgia Governor Brian Kemp issued an Executive Order "Reducing Regulations to Assist the State's Response to the Spread of COVID-19" (the Order). The purpose of the Order is to reduce "certain restrictions...more

Baker Donelson

Coronavirus: Significant HIPAA Relief in Telehealth Context Due to COVID-19 Response

Baker Donelson on

There is no question that COVID-19 has brought unprecedented change to our world. The temporary relaxation of HIPAA's requirements is one of many examples of the government's efforts to address the public's health care needs...more

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