Category Archives: Telemedicine

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Telemedicine Investors Roundtable Focuses on Progress, Barriers, and ROI

medicaid
As telemedicine continues to see significant traction, health care organizations are working to implement telemedicine programs and  create technology infrastructures all while working within the current legislative requirements. Foley & Lardner LLP and Ziegler recently had an opportunity to sit down with 15 leaders in telemedicine to discuss the progress, barriers, and return on investment … Continue reading this entry

Medicare Proposes (and Rejects) New Telehealth Services for 2019

The telemedicine industry was pleased to learn CMS recently proposed adding new services to its list of Medicare-covered telehealth services.  But what may be more interesting are the services CMS declined to add, and why.  This article summarizes the newly-proposed additions as well as the services CMS rejected, explores some reasons for CMS’ decisions, and … Continue reading this entry

Medicare’s New Chronic Care Remote Physiologic Monitoring Codes: Everything You Need to Know

remote monitoring
Earlier this year, in a first-of-its-kind move, CMS made remote patient monitoring (RPM) a separately-reimbursable service under Medicare.  Now, CMS has proposed three new codes for RPM services, retitled “Chronic Care Remote Physiologic Monitoring,” which do a far better job reflecting how providers can more effectively and efficiently use RPM technology to monitor and manage … Continue reading this entry

Massachusetts Telehealth Legislation Paves Way for Sweeping Changes

Massachusetts
The Massachusetts House of Representatives has passed sweeping telehealth legislation, accompanying a companion bill passed by the Senate in November 2017.  While Massachusetts is often considered a leader in health care innovation, the Commonwealth has not enacted significant legislation in this area for several years, and is among the minority of states without a meaningful telehealth insurance coverage … Continue reading this entry

Medicare’s New Virtual Care Codes: A Monumental Change and Validation of Asynchronous Telemedicine

The Centers for Medicare and Medicaid Services just issued a proposed rule introducing monumental changes to the physician fee schedule, paving the way for asynchronous telemedicine and new technologies through a new set of virtual care codes.  CMS explained the impetus for the bold changes, declaring: “We now recognize that advances in communication technology have … Continue reading this entry

Delaware’s New Telemedicine Rules: Top Four Changes to Know

Delaware
The Delaware Board of Medicine recently enacted new regulations pertaining to telemedicine and telehealth. As we previously reported, the new regulations are intended to clarify the language in Delaware’s Medical Practice Act, which imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an … Continue reading this entry

Disruption and Innovation on Display at the 2018 CEO/Innovators Roundtable

ambulatory
On June 19 and 20, 2018, more than 60 innovators and thought leaders came together for the 13th annual, invitation-only CEO/Innovators Roundtable (Roundtable), hosted by Foley & Lardner LLP and BDC Advisors, LLC. The overall theme of the Roundtable was “disruption and innovation” in health care, and the discussion was divided into panels on five … Continue reading this entry

New Connecticut Law Allows Telemedicine Prescribing of Controlled Substances

Connecticut
Connecticut has taken another step towards expanding the meaningful use of telemedicine in connection with treatment of mental health and substance use disorders.  SB 302, signed by Governor Dannel Malloy and effective July 1, 2018, allows providers to prescribe controlled substances via telemedicine for the treatment of psychiatric disabilities or substance use disorder, including medication … Continue reading this entry

Kentucky’s New Telehealth Law Expands Insurance Coverage and Reimbursement

Kentucky
Kentucky health care providers and patients will soon enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law.  Kentucky Governor Matt Bevin signed SB 112 into law on April 26, 2018, imposing both telehealth coverage and payment parity requirements for Kentucky Medicaid, Medicaid managed care organizations, and commercial health plans in the Bluegrass State.  … Continue reading this entry

Telemedicine Prescribing of Controlled Substances: the Dark Side of the New Congressional Bill

FDA
Congress has taken another step forward to require the federal Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse practitioners to prescribe controlled substances via telemedicine without an in-person exam. The House Energy and Commerce Health subcommittee approved the Special Registration for Telemedicine Clarification Act of 2018, part of a larger … Continue reading this entry

Making a “Tele-Difference” by Using Telemedicine to Aid Medically Vulnerable Populations

medicaid
More than 74 million individuals are enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). Another 28 million are currently uninsured. Due to the repeal of the individual mandate (the requirement under the Affordable Care Act to purchase insurance or face a financial penalty), the uninsured population is projected to increase to 32 million … Continue reading this entry

Iowa’s New Telehealth Law: What You Need to Know

Iowa
Iowa Governor Kim Reynolds recently signed a new bill into law requiring commercial health insurers in the Hawkeye State to cover health care services provided via telehealth to the same extent those services are covered via in-person care.  The law, passed under HF 2305, takes effect January 1, 2019 and applies to all policies delivered, … Continue reading this entry

OIG Report: CMS Paid Practitioners for Telehealth Services That Did Not Meet Medicare Requirements

medicaid
The Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) just published a new report on OIG’s review of Medicare payments for telehealth services. The objective of the OIG review was to determine whether or not CMS paid practitioners for telehealth services that met Medicare requirements. The report concluded that, of the sampled claims … Continue reading this entry

Sharing and Mining Patient Data in Digital Health and Telemedicine: Laws You Need to Know

data mining
The use of new technologies such as digital health applications, telemedicine, and information exchanges can provide game-changing benefits for providers and patients alike.  However, with increased sharing comes increased risks to both the security and the privacy of patient information.  Most digital health and telemedicine companies are aware of data security and breaches.  However, an … Continue reading this entry

Top Three Changes in Delaware’s New Proposed Telemedicine Rules

digital health
The Delaware Board of Medicine has issued proposed regulations clarifying certain statutory provisions pertaining to telemedicine and telehealth. As we previously reported, Delaware’s Medical Practice Act imposes certain practice standards for what constitutes an appropriate patient diagnosis and treatment via telemedicine, including the allowable modalities and when an in-person examination is required. The new proposed … Continue reading this entry

Telehealth Billing Compliance: Medicare Says Goodbye to the GT Modifier

medicaid
For over a decade, Medicare has required providers to append special modifiers to their CPT and HCPCS codes when billing for telehealth services. The two primary modifiers for telehealth services were GT (indicating the service was delivered via an interactive audio and video telecommunications system) and GQ (indicating the service was delivered via an asynchronous … Continue reading this entry

Congress Proposes Change to Ryan Haight Act to Allow Telemedicine Prescribing of Controlled Substances

controlled substances
It seems the efforts of telemedicine advocates to change federal law and allow greater prescribing of controlled substances are no longer falling on deaf ears. Congress just released a pair of draft discussion bills to amend the federal Ryan Haight Act. The “Improving Access to Remote Behavioral Health Treatment Act” would allow certain community mental … Continue reading this entry

Telemedicine Credentialing by Proxy: What Hospitals and Telehealth Companies Need to Know

Hospital-based telemedicine services continue to rapidly expand across the country, allowing providers to deliver care to rural areas and better allocate the staffing and availability of specialist physicians such as neurologists and emergency medicine.  However, despite the uptick in telemedicine services at hospitals, many medical staff offices still use the traditional “primary source verification” process … Continue reading this entry

Top 5 Ways Telehealth Will Change Under the New Federal Funding Bill

The telemedicine industry has been abuzz upon learning that provider-friendly legislation was included in the new federal Bipartisan Budget Act of 2018, signed into law by the President on February 9, 2018.  But telehealth providers, hospitals, and entrepreneurs need to cut through the hype and understand what the provisions will really do for telehealth.  This … Continue reading this entry

Medicare’s New Remote Patient Monitoring Reimbursement: What Providers Need to Know

The new year continues to offer big opportunities for telemedicine and digital health companies, and one of the most notable developments is CMS’ decision to reimburse providers for remote patient monitoring (RPM).  Effective January 1, 2018, the Medicare program will pay providers for RPM services billed under CPT code 99091.  The service is currently defined … Continue reading this entry

Ten Things To Know About Maryland’s Proposed Telehealth Rules

medicare telehealth
The Maryland Board of Physicians evaluated, then tabled for further consideration, a set of new telehealth rules designed to expand the opportunities for hospitals and providers to deliver virtual care services in Baltimore and throughout the State.  The Board held a public hearing on January 24, 2018 to review proposed telehealth rules originally issued late … Continue reading this entry

New OIG Project Expands Telemedicine Audits to State Medicaid Programs

medicaid
Following on the heels of its plans to review Medicare payments for telehealth services, the federal Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) just announced a new project to review state Medicaid payments for telemedicine and other remote services. Accordingly, providers who bill state Medicaid programs for telemedicine, … Continue reading this entry

Three Years Later, Foley Survey Reveals Positive Prognosis for Telemedicine

telemedicine
When we launched Foley’s inaugural Telemedicine and Digital Health Survey in 2014, it was apparent that health care executives weren’t ready to make telemedicine a significant focus of their business and patient strategies. The interest was there but, despite tremendous technological breakthroughs and imaginative applications, most telemedicine programs were in the early stages and there … Continue reading this entry

Telemedicine Rules in D.C. Get Second Draft

telemedicine rules in D.C.
Telemedicine rules in the District of Columbia underwent a second round of revisions as the District of Columbia Department of Health issued a new set of proposed rules . The newly-revised proposed telemedicine rules, issued in July, replace the Department’s first draft of telemedicine regulations issued in early 2016, and incorporate comments submitted by a number … Continue reading this entry