January 26, 2021

Volume XI, Number 26

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January 26, 2021

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January 25, 2021

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American Telemedicine Association Responds to Medicare Telehealth 2021 Proposed Rule

The American Telemedicine Association (ATA) issued a policy comment letter to the Centers for Medicare and Medicaid Services (CMS), advocating for telehealth-friendly changes to Medicare’s telehealth coverage and reimbursement rules. The ATA’s letter also made recommendations on CMS’ proposed interpretations on remote patient monitoring (RPM) requirements. The letter was submitted in response to CMS’ 2021 Physician Fee Schedule proposed rule. 

The ATA letter notes: “The ATA appreciates CMS’s efforts to expand access to telehealth. With Congressional authority, CMS has led the way in expanding access to remote care during the COVID-19 public health emergency. With this proposed rule, CMS seeks to make some of those regulatory flexibilities permanent. The ATA strongly supports increased access to telehealth services in the Medicare program in order to increase access to clinically and cost-effective care, particularly for underserved populations.”

How to Submit Comments to CMS on the Proposed Telehealth and RPM Changes

Providers, technology entrepreneurs, and industry stakeholders still have time make their voice heard on telehealth and RPM by submitting comments to CMS—anonymously or otherwise—via electronic submission at this link. Alternatively, commenters may submit comments via mail to:

  • Regular Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, P.O. Box 8016, Baltimore, MD 21244-8016.

  • Express Overnight Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.  

CMS is soliciting comments on the proposed rule until 5:00 p.m. on October 5, 2020.

The proposed changes for 2021 demonstrate CMS’ commitment to expanding meaningful patient access to care via telemedicine and digital health technology, both during the public health emergency and beyond. CMS is developing a post-pandemic strategic plan for telehealth, and industry advocates, entrepreneurs, and healthcare providers can use this moment to share their recommendations, ideas, and suggestions during the public comment period. This feedback—both policy ideas and by submitting clinical studies and concrete data—will be vital to CMS’ continued ability to improve and innovate under the Medicare program.

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© 2020 Foley & Lardner LLPNational Law Review, Volume X, Number 268
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About this Author

Nathaniel Lacktman, Health Care Attorney, Foley and Lardner Law Firm
Partner

Nathaniel (Nate) Lacktman is a partner and health care lawyer with Foley & Lardner LLP, and a Certified Compliance & Ethics Professional (CCEP). His practice focuses on health care compliance, counseling, enforcement and litigation, as well as telemedicine and telehealth. Mr. Lacktman is a member of the firm’s Health Care Industry Team which was named “Law Firm of the Year — Health Care Law” for three of the past four years on the U.S. News – Best Lawyers® “Best Law Firms” list. 

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Emily Wein Health Care Lawyer
Of Counsel

Emily H. Wein is of counsel and a health care lawyer with Foley & Lardner LLP, and member of the firm’s national Telemedicine & Digital Health Industry Team. Emily understands and identifies with the business and strategic goals of virtual care and digital health companies. She delivers practical legal guidance molded to accomplish each individual client’s unique operational goals. Emily works with a diverse bench of organizations – including large interdisciplinary hospital systems, skilled nursing facilities, multi-state clinical practices, and fast-moving entrepreneurs. Emily’s...

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