The CARES Act provides for a number of provisions relevant to health care providers and access to health care services. Specifically, the legislation includes, among other forms of health care related relief, support for expansion of telehealth services, Medicare policy changes, coverage of…
The Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) recently published guidance clarifying the circumstances under which law enforcement, paramedics, other emergency personnel, and public health authorities[1] may disclose an individual’s protected health…
The Centers for Medicare and Medicaid (“CMS”) recently released two comprehensive toolkits on telehealth offering guidance for both general practitioners as well as providers treating patients with End-Stage Renal Disease. Responding to the COVID-19 public health crisis, CMS has expanded access to…
During this Public Health Emergency it is important to remember that the civil rights of patients still must be upheld. The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently provided a Bulletin regarding the civil rights laws and their implementing…
On March 20, 2020, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) published a new FAQs on Telehealth and HIPAA during the COVID-19 nationwide public health emergency (the “FAQ”). The OCR clarifies guidance provided in its Notification of Enforcement Discretion for…
Professionals have been working remotely from their home, their hotel rooms, and even their cars, for years. The COVID-19 crisis caused many of us to significantly increase the number of persons working remotely, the number of hours per day worked remotely, and extent and nature of work being done…
The Indiana Medicaid program released a statement on March 19, 2020 announcing new coverage policies to make it easier to provide telemedicine services to patients during the public health emergency declaration as announced by Governor Holcomb. Effective immediately, Indiana Medicaid will cover…
Health care practitioners with valid DEA registrations may prescribe controlled substances via telemedicine while COVID-19 is considered a public health emergency. Generally, a provider may not issue a controlled substance prescription without an in-person medical examination; however, this…
On March 17, 2020, the Health and Human Services Office of Civil Rights (“OCR”) published an announcement that it would temporarily suspend HIPAA enforcement to support telehealth service expansion efforts. The OCR’s announcement coincided with the Centers for Medicare and Medicaid Services’…
The Centers for Medicare and Medicaid Services (“CMS”) and the Health and Human Services Office of Inspector General (“OIG”) announced new telehealth coverage policies as a short-term solution to mitigating the impact and spread of COVID-19. The authority to expand telehealth services lies within a…
With Secretary Azar’s Public Health Emergency declaration and President Trump’s National Emergency declaration, CMS is authorized to grant Social Security Act §1135 waivers of Medicare, Medicaid or SCHIP requirements (“1135 Waivers”) with respect to COVID-19. Such Waivers may be granted as (A)…
With the spread of the coronavirus (COVID-19), and tri-fold spread of fear relating to the same, State agencies have begun to take action with respect to care relating to coronavirus. Specifically, State Medicaid programs across the nation are beginning to review both cost-sharing policies, such as…
