Tucker Attorneys Mike Cassidy and Jerry Russo have been named as presenters for the Pennsylvania Bar Institute (PBI) 2022 Health Law Institute. They will be presenting a program entitled “Federal Telehealth Enforcement: Policy Through Prosecution”.  Stay tuned for more information on this PBI Health Law Institute program as the date draws nearer.

Congratulations to Mike Cassidy on his recent appointment as a Member of the Legal Advisory Group of the National Center for Telehealth and eHealth Law (CTeL).  Mike will co-present on behalf of CTeL, in a webinar entitled “The Myths about Telehealth–Hear the Facts”, at CTel’s Digital Health Summit in December.

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A bipartisan group of senators has introduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019.  A summary produced by that bipartisan group is attached.

If enacted, the CONNECT for Health Act solutions would be as follows:

  • Create a bridge program to help providers transition to the goals

The final Medicare 2019 Physician Fee Schedule https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched/index.html rule was posted on November 1, 2019, to be effective January 1, 2019.  It includes Section II(D) entitled “Modernizing Medicare Physician Payment by Recognizing Communication Technology-Based Services”, with several subsections.

  1. Brief communication technology-based services (EG Virtual Check-In) (HCPCS Code G2012)
  2. Remote evaluation of prerecorded patient information (HCPCS

Just as a point of providing information, please note that CMS has revised its Medicare Learning Network (MLN) booklet for telehealth services.  The February 2018 edition is included in this link.  https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/downloads/TelehealthSrvcsfctsht.pdf

The 2019 proposed Medicare Physician Fee Schedule Rule also seeks comments on proposed expansion of telehealth services.  That will be the subject of

Telehealth is apparently reaching a critical mass where people are starting to review the potential problems of telehealth, rather than the potential opportunities.

In a MedLaw Blog post on December 6, 2017 and my related LinkedIn post, I referenced and included the link to the OIG’s audit plan, indicating OIG will begin to audit telehealth

Telehealth has apparently reached the tipping point in its significance to the Medicare budget, because OIG has now announced that it will “review Medicare claims for telehealth services provided at distant sites that do not have corresponding claims from originating sites to determine whether those services met Medicare requirements.”

The expected issue date of the

The 2017 Medicare Physician Fee Schedule finalizes the CMS changes for Telehealth reimbursement and coverage for 2017.  The CMS fee schedule document also provides a comprehensive explanation of Medicare Telehealth reimbursement and coverage.  I have excerpted those 35 pages and linked them as a PDF to this post: Medicare Telehealth Services.

The essential takeaways

There are two interesting items in telehealth news.

Iowa Supreme Court Rejects Ban on Telemedicine Abortions

An Iowa Board of Medicine rule requires the presence of a physician when abortion inducing drugs are provided.  Planned Parenthood sued claiming the requirement of physician presence was unconstitutional on the basis that it discriminated against women, due to

The Federal District Court of the Western District of Texas has ruled against the Texas Medical Board and granted TelaDoc’s Motion for a Preliminary Injunction prohibiting the Texas Medical Board from enforcing new rules requiring either a face-to-face or an existing physician patient relationship in order to prescribe medication.

The Court rejected the Texas Medical