{"id":26891,"date":"2020-04-07T18:35:07","date_gmt":"2020-04-07T18:35:07","guid":{"rendered":"https:\/\/dev.mtelehealth.com\/?p=26891"},"modified":"2020-04-07T18:35:07","modified_gmt":"2020-04-07T18:35:07","slug":"cares-act-waivers-from-cms-provide-additional-flexibility-for-telehealth-services-and-relief-from-certain-stark-law-liabilities-united-states","status":"publish","type":"post","link":"https:\/\/drmiltie.com\/at-home-testing\/cares-act-waivers-from-cms-provide-additional-flexibility-for-telehealth-services-and-relief-from-certain-stark-law-liabilities-united-states\/","title":{"rendered":"CARES Act waivers from CMS provide additional flexibility for telehealth services and relief from certain Stark Law liabilities (United States)"},"content":{"rendered":"\n

On March 27, 2020, Congress passed, and President Trump signed, the $2 trillion Coronavirus Aid, Relief and Economic Security Act<\/a> (CARES Act)stimulus package aimed at addressing the coronavirus disease 2019 (COVID-19) pandemic.  Pursuant to new authority granted under the CARES Act, the Centers for Medicare and Medicaid Services (CMS) on March 30 released additional waivers further relaxing Medicare coverage and payment rules for telehealth services as well as other Medicare coverage rules. This latest relief further expands healthcare practitioners\u2019 ability to reach patients through telehealth, an important tool for addressing patient needs while reducing in-person contact to slow the spread of COVID-19.<\/p>\n\n\n\n

As we noted in a prior alert<\/a>, Congress\u2019s first major COVID-19 response package included new authority for the Secretary of Health and Human Services (HHS) to waive some of the intense restrictions that generally apply to Medicare funding for telehealth services, and the CMS eventually exercised that authority.  Prior to the CARES Act, however, coverage restrictions remained in place that presented potentially significant barriers to the crucial task of getting remote care to the 44 million Americans on Medicare \u2212 including elderly people, people with disabilities, and others who may be especially vulnerable to life-threatening cases of COVID-19. <\/p>\n\n\n\n

With the CARES Act, Congress has further broadened CMS\u2019s authority to cover telehealth services for the duration of the COVID-19 emergency.  Where the previous legislation authorized temporary relaxation of only certain portions of the \u201ctelehealth services\u201d definition at Social Security Act Section 1834(m), now Section 4405 of the CARES Act extends HHS\u2019s waiver authority to cover the entire definition, including the authority to waive restrictions for originating sites, geography, eligible practitioners, eligible services, and qualifying technology.  In addition, the definition now contains an emergency provision permitting additional payments to rural health centers and federally qualified health centers. <\/p>\n\n\n\n

CMS\u2019s newly announced waiver<\/a> takes immediate advantage of the additional statutory flexibility by specifying (at the billing code level) various critical services that may now be provided via telehealth.  The blanket waiver also:<\/p>\n\n\n\n