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Volume XI, Number 270

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Final Rule on Telemedicine Credentialing and Privileging Process

The Centers for Medicare and Medicaid Services (CMS) published a final rule in the May 5, 2011 Federal Register containing changes to the Medicare Conditions of Participation (CoPs) for the credentialing and privileging of telemedicine physicians and practitioners.  Previously, the Medicare CoPs required the hospital’s governing body to make all privileging decisions based upon the recommendation of the hospital’s medical staff after the medical staff’s individualized consideration of a practitioner’s qualifications on a practitioner-by-practitioner basis.  Such individualized consideration was mandated even if the practitioner was a remote-site practitioner and was already credentialed in a distant-site facility.

The final rule streamlines the credentialing and privileging process for hospitals that both provide and use telemedicine services.  A hospital that furnishes telemedicine services to its patients through an agreement with a distant hospital or telemedicine entity may now rely upon information furnished by the distant hospital or telemedicine entity when making credentialing and privileging decisions for the practitioners at the distant-site that will furnish the services as long as the conditions set forth in the final rule are met.

In addition, the final rule now permits hospitals to receive telemedicine services from a physician group or entity and not just from another hospital.

The final rule was drafted to preserve access to telemedicine for patients to allow hospitals to more frequently utilize telemedicine services.  The final rule will take effect in 60 days from its publication in the May 5, 2011 Federal Register.  You can access the final rule on the CMS website at:

http://www.cms.gov/CFCsandCOPs/06_Hospitals.asp

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume I, Number 174
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About this Author

Heather Delgado Healthcare Attorney
Partner

Healthcare providers depend upon Heather Delgado for her commitment to responsiveness and practical legal advice. Heather focuses on finding the right solution for her clients. She is valued for her ability to overcome the obstacles her clients face and for her skill in applying complex laws and regulations to their business practices.

Heather’s experience includes the representation of healthcare providers, including hospitals, health systems, specialty hospitals, ambulatory surgery centers, multi- and single-specialty medical practices, and a wide variety of healthcare...

312-338-5905
Mark E. Rust Barnes Thornburg Law firm Chicago Corporate Finance and Healthcare Law Attorney
Partner

Mark Rust is Managing Partner of the Chicago office of Barnes & Thornburg, LLP, and Chair of the firm’s national Healthcare Department. Mr. Rust concentrates his practice in transactional, regulatory and medical-legal issues affecting healthcare entities and provider organizations. For nearly 30 years he has written about or practiced in healthcare law, writing in a wide variety of publications from theJournal of the American Bar Association to USA Today. He is listed as a notable healthcare lawyer in Chambers USA, Top Healthcare Lawyers of Illinois,Superlawyers...

312-214-8309
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