{"id":30214,"date":"2020-10-22T12:54:04","date_gmt":"2020-10-22T12:54:04","guid":{"rendered":"https:\/\/dev.mtelehealth.com\/?p=30214"},"modified":"2020-10-22T12:54:04","modified_gmt":"2020-10-22T12:54:04","slug":"the-american-telemedicine-association-leads-the-industry-commenting-on-medicare-updates-to-telehealth-policy","status":"publish","type":"post","link":"https:\/\/drmiltie.com\/at-home-testing\/the-american-telemedicine-association-leads-the-industry-commenting-on-medicare-updates-to-telehealth-policy\/","title":{"rendered":"The American Telemedicine Association Leads the Industry Commenting on Medicare Updates to Telehealth Policy"},"content":{"rendered":"\n

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This week, the comment period closed for the calendar year 2021 (CY21) Physician Fee Schedule (PFS)<\/a> proposed by the Centers for Medicare & Medicaid Services (CMS). The PFS is an annual rule-making process through which CMS identifies codes and payment rates to be used to reimburse Medicare Part B physician services in the following calendar year. The CY21 PFS, published in the Federal Register<\/em> in August, proposes significant changes to telehealth reimbursement within the Medicare program by adding new telehealth services, expanding access to types of telehealth providers, and updating rules for remote patient monitoring (RPM) services. Faegre Drinker professionals were pleased to assist the ATA, the only organization exclusively committed to the advancement of telehealth, in compiling comprehensive and timely comments to CMS<\/a> to advocate for the advancement of telehealth and remote care in the final rule.<\/p>\n\n\n\n

Telehealth Services<\/h2>\n\n\n\n

During the COVID-19 Public Health Emergency (PHE), Congress granted CMS new authority to waive specific statutory restrictions on the provision of telehealth<\/a> in the Medicare program. These waivers notably have allowed the agency to reimburse providers for telehealth services without regard to the restrictions found in Section 1834(m) of the Social Security Act that would normally apply. For example, this section of law traditionally limits telehealth access to only some populations in certain geographic areas and in specific brick-and-mortar locations, rarely including the patient\u2019s home. During the pandemic, CMS has been able to waive these arbitrary restrictions, enabling any Medicare beneficiary to access the benefits of telehealth regardless of where they are.<\/p>\n\n\n\n

However, this new access to care will go away with the eventual expiration of the declared public health emergency unless Congress acts to make the changes permanent. Fortunately, Health and Human Services Secretary Alex Azar has indicated in the last week that he will extend the PHE, which is set to expire on October 23. With the PHE declaration renewal, the new expiration would be January 21. Because the PHE will eventually be allowed to expire, telehealth champions in Congress have introduced several pieces of legislation to make the necessary statutory changes to allow Medicare patients to access telehealth post-pandemic.<\/p>\n\n\n\n

In the CY21 PFS, CMS takes steps to permanently expand access to telehealth within its statutory authority. While CMS cannot expand access to care by lifting the restrictions on a patient\u2019s originating site or geographic location without congressional action, the agency can expand the list of telehealth services that qualify for reimbursement under the PFS.<\/p>\n\n\n\n

The ATA commented to CMS in support of permanent coverage of new telehealth services, including psychotherapy and additional evaluation and management codes. The ATA recommended that additional codes for inpatient hospital care and hospital observation services be added to the list for coverage in the final rule. The ATA also supports CMS\u2019 creation of a category of services that should continue to be temporarily covered while CMS reviews the data for permanent coverage. This bridge to coverage is very practical and creates an avenue for data collection that is not very feasible in the absence of any coverage.<\/p>\n\n\n\n

Additional ATA comments address:<\/p>\n\n\n\n