Tips for Providers to Avoid Telehealth Compliance Risk

The National Law Review

One of the more unanticipated consequences of the CoVID-19 pandemic is the rapid shift to telehealth by health care providers. Before the surge of CoVID-19, the Centers for Medicare and Medicaid Services (CMS) limited Medicare reimbursements for virtual services to a narrow set of circumstances, which typically still required the patient to leave his or her home to receive the services.

The rapid onset of CoVID-19, the resulting public health emergency, and the passage of the Coronavirus Assistance, Relief, and Economic Security Act has led the Secretary of HHS to utilize the waiver authority granted under Section 1135 of the Social Security Act to permit CMS to expand the permissible range of virtual services that qualify for federal reimbursement. Now, Medicare beneficiaries can generally utilize (and providers can bill for) telehealth services regardless of zip code and, perhaps more importantly, can receive these services in their homes.

Enhanced Scrutiny
The change is a net positive for physicians and patients—patients can continue to receive treatment without being exposed to other potentially infected individuals, while physicians can ...

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