Federal Rules on Telehealth Eased During COVID-19

Note: The following is condensed from a report by the Lashly & Baer law firm. Click here for the full report. For more information, contact: Stuart Vogelsmeier at Lashly & Baer, sjvogels@lashlybaer.com

The federal government has responded to the COVID-19 public health emergency by providing guidance regarding the expanded use of telehealth services by licensed health care professionals. Providers should always share with patients the security risks of telehealth visits, and should obtain and document patient consent at the outset of each telehealth visit. Medical records of the telehealth visit should be maintained according to existing federal and state standards. Below is a summary of some of the key actions. Click here for the full Lashly & Baer report

Telehealth Prescribing of Controlled Substances. DEA-registered prescribers may temporarily issue prescriptions for controlled substances. Learn more from the DEA website: https://deadiversion.usdoj.gov/coronavirus.html

Telehealth Expansion for Medicare Beneficiaries. CMS has temporarily expanded access to telehealth services covered by Medicare. Learn more from this CMS fact sheet: https://www.cms.gov/newsroom/fact-sheets/medicare-telemedicine-health-care-provider-fact-sheet

HIPAA Requirements Loosened. Covered health care providers during the COVID-19 emergency may use popular applications that allow for video chats to provide telehealth. Learn more from this HHS notification: https://www.hhs.gov/hipaa/for-professionals/special-topics/emergency-preparedness/notification-enforcement-discretion-telehealth/index.html

Cost-Sharing Waivers in Federal Health Care Programs. Providers temporarily may waive cost-sharing amounts (coinsurance and deductibles) owed by federal health care program beneficiaries for telehealth services. Learn more from this HHS policy statement: https://oig.hhs.gov/fraud/docs/alertsandbulletins/2020/policy-telehealth-2020.pdf