Medicare and Medicaid announce new telehealth payments for COVID-19

Posted on: 3/20/20

As it relates to telehealth payments, it is good news that both the federal and state government have indicated a willingness to get the health care industry through this COVID-19 pandemic by issuing payment for all telehealth services in all settings, including in a patient’s home. Please see each section below for Medicare and Medicaid guidance.

Medicare

This week, CMS and related agencies released further guidance on the use of telehealth during the COVID-19 pandemic and declared national emergency. This guidance is seeking to implement provisions in the Coronavirus Preparedness and Response Supplemental Appropriations Act (the first supplemental), as signed into law on March 6, which provided HHS with authority to waive the certain telehealth requirements under Medicare.

Using this new waiver authority, CMS is allowing telehealth services to be provided in all settings – including at a patient’s home. CMS maintains a list of services that are normally furnished in-person, but  may be furnished via telehealth. Clinicians can bill immediately for services beginning March 6. Guidance was also issued from the Office of Civil Rights (OCR) on the use of cell phones and communication apps. OCR is allowing covered health care providers to use popular applications that allow for video chats, including Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, or Skype, to provide telehealth without risk that OCR might seek to impose a penalty for noncompliance with the HIPAA Rules related to the good faith provision of telehealth, during the COVID-19 nationwide public health emergency. Finally, the Office of the Inspector General (OIG) issued guidance regarding enforcement, specifying the agency will not take action against providers that choose to waive cost sharing obligations for telehealth services during the current national emergency.

Below are the relevant links from federal agencies on the implementation of this telehealth waiver:

CMS:
Press Release: President Trump Expands Telehealth Benefits for Medicare Beneficiaries During COVID-19 Outbreak (Includes links to a Fact Sheet and FAQs document.)

Office of Civil Rights:
Notification of Enforcement Discretion for telehealth remote communications during the COVID-19 nationwide public health emergency

Office of Inspector General:
Waiving Telehealth Cost-Sharing During COVID-19 Outbreak
Telehealth Factsheet

Oklahoma Health Care Authority:

OHCA posted a state telehealth announcement on March 17. Click here, and scroll down to March 17.

(Sandra Harrison)