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Matthew Shatzkes is a partner in the Corporate Practice Group in the New York office of Sheppard Mullin and is a member of the firm’s Healthcare Team.

This week, Rep. Mike Thompson (CA-05), founder and co-chair of the Congressional Telehealth Caucus reintroduced the Protecting Access to Post-Covid-19 Telehealth Act of 2020 (the “Act”) with support from Co-Chairs Rep. Peter Welch (VT-AL), Rep. Bill Johnson (OH-06), and Rep. David Schweikert (AZ-06) and caucus member Rep. Doris Matsui (CA-06).  The Act was originally introduced in the House of Representatives on July 16, 2020. The focus of the Act is to do away with certain restrictions on providing telehealth services, and to permanently expand coverage for telehealth services both during and beyond the COVID-19 Pandemic. Among other things, the Act:
Continue Reading Re-Introducing the Protecting Access to Post-Covid-19 Telehealth Act

Permanency for Out of State Telehealth Services? Arizona Seeks to Make Permanent Changes to Licensure Requirements

On January 11, 2021, Arizona Governor Doug Ducey delivered the “State of the State” address in which he outlined his vision for 2021, focusing on the State’s response to the COVID-19 pandemic (the “Pandemic”), the distribution of the vaccine, and other COVID-19 related and unrelated priorities.  Governor Ducey’s priorities are summarized in the Governor’s 2021 Arizona Resilient Policy Book (“2021 Policy Book”).
Continue Reading “State” of Telehealth Series: Arizona

On January 15, 2021, the Federal Communications Commission (FCC) announced the initial pilot projects selected for the Connected Care Pilot Program (“Pilot Program”) for telehealth services.  The list includes 14 pilot projects spanning 11 states and more than 150 treatment sites, totaling $26.6 million awarded of the allotted $100 million under the Pilot Program.  We first introduced the Pilot Program on this blog back in April, including a full breakdown of guidance and filing requirements to request funding.
Continue Reading FCC Announces Initial Connected Care Pilot Program Projects For Telehealth

In our December 7, 2020 Blog Post, “Permanent Expansion of Medicare Telehealth Services,” we discussed the 2021 Medicare Physician Fee Schedule Final Rule (the “Final Rule”) and the regulatory changes made therein by the Centers for Medicare and Medicaid Services (“CMS”) to expand Medicare telehealth coverage within the confines of existing Medicare statutory law.  The Final Rule was first posted on December 2, 2020 and was formally published in the Federal Register on December 28, 2020.
Continue Reading The Permanency for Audio-Only Telehealth Act: A Matter of Healthcare Equity?

On December 1, 2020, the Centers for Medicare and Medicaid Services (“CMS”) released the annual Physician Fee Schedule final rule (“Final Rule”) which, among other things, aimed to further President Trump’s October 3, 2019 Executive Order #13890 on “Protecting and Improving Medicare for Our Nation’s Seniors” (the “EO”) by expanding the use of proven alternatives like telehealth services to Medicare beneficiaries even after the conclusion of the COVID-19 Public Health Emergency (the “Pandemic”).
Continue Reading Permanent Expansion of Medicare Telehealth Services

On September 3, 2020, the Department of Health and Human Services (HHS) released its Rural Action Plan (the “Plan”). The Plan: (i) details the challenges rural communities endure; (ii) provides an assessment of current and upcoming rural healthcare efforts; (iii) lays out a “Four Point Strategy” to address the disparities between rural and urban communities; and (iv) lays out an action plan featuring 71 action items for remediating the disparities consistent with the Four Point Strategy.

Continue Reading HHS Releases Rural Action Plan

On August 3, 2020, President Trump signed Executive Order 13941 (the “Executive Order”) which expands access to certain telehealth services post-pandemic.  The Executive Order focuses on telehealth access for individuals living in rural areas and implements the following mechanisms:
Continue Reading It’s Official: Telehealth Benefits Have Been Expanded For Medicare Beneficiaries

Many areas of the country are experiencing resurgences of COVID-19, and it is foreseeable that second and perhaps third waves of the virus will hit pockets of the country throughout the remainder of 2020. As healthcare organizations struggle to balance their continued response efforts to the pandemic, with preparations for future waves, we have received many questions from provider organizations regarding how best to prepare their organizations.
Continue Reading Reopening Challenges: FAQs On Preparing For Additional Waves Of COVID-19