Healthcare Law Blog

DEA Proposes New Tele-Prescribing Rules for End of COVID-19 State of Emergency

At the end of January, the Biden Administration announced that May 11, 2023, would mark the end of the federal public health emergency (PHE) declarations that have been in place for the last three years. For healthcare providers, this means change is on the horizon, especially where telemedicine is concerned. In response to the impending end of emergency telehealth provisions, the Drug Enforcement Agency (DEA) has proposed a permanent rule regarding the prescription of controlled medications via telemedicine in order to extend COVID-era accommodations. The public will be able to comment for 30 days on the proposed rules. A summary of the rules can be found here: Proposed Telemedicine Rules Summary. More >

Pandemic Pivot to Telemedicine Creates New Compliance Issues for Healthcare Providers

The shift to telemedicine in the United States predates the pandemic, but COVID-19 has accelerated its widespread use. In April of 2019, the Centers of Medicare and Medicaid Service (CMS) finalized rules to increase telehealth benefits for Medicare Advantage enrollees, effectively incentivizing health systems with high numbers of private Medicare plan recipients to invest in telehealth services. More >

A Potpourri of COVID-19 Takeaways for Healthcare Providers

While the COVID-19 virus surges and possibly re-surges in states all around us, Kentucky’s cautious management of this crisis has created opportunities for healthcare providers to ease back into business and shift into recovery. Whether Kentucky can continue to contain the virus is uncertain, but as healthcare providers retool and spend the federal dollars infused by the CARES ACT, here are the areas to watch. More >

FCC is awarding funds for the COVID-19 Telehealth Program

The Coronavirus Aid, Relief, and Economic Security (CARES) Act that was passed into law in March 2020 set aside $200 million in funds for the Federal Communications Commission (FCC) to establish the COVID-19 Telehealth Program. The program’s intent is to keep physicians and patients safe while continuing care remotely. The support provided through telehealth is intended for treatment of both coronavirus and other ongoing health conditions during the pandemic. More >

Kentucky Board of Nursing Issues Advisory on Nurse Practitioner Prescribing During State of Emergency, Pushes Telehealth

Providing Medically Assisted Therapy During the National COVID-19 Crisis

With the President’s declaration of a national emergency, the HHS Secretary has issued waivers of certain regulatory requirements that enable health care providers that provide medically assisted therapy to provide services in a manner that will reduce the risk of transmission of the COVID-19 virus. The waivers relax Medicare and other regulatory requirements for telehealth that are to the benefit of physicians who can implement a telehealth program.  With the Kentucky Board of Medical Licensure’s guidance about prescribing refills of controlled substances for established patients that will apply to Buprenorphine, clinics have the authority to establish robust telehealth programs during this crisis. This is especially appropriate for substance use disorder patients as they may be particularly susceptible to the COVID-19 virus, often facing respiratory challenges as a result of pulmonary damage caused by drug use. In addition, substance use disorder patients often experience co-morbidities. More >

New Telehealth Expansion May Benefit Healthcare Entities

Telehealth may be the answer to sustaining rural health care, hospital outpatient services, and primary care during the COVID-19 health crisis. With the CMS announcement on March 17th of how it will pay for telehealth, delineation of the codes, and major changes for patient location requirement, all rural health clinics, physician practices that provide MAT, primary care practices, federally qualified health care centers, and hospital outpatient departments should immediately review the expansion of telehealth coverage and determine how practices and clinics can benefit from the relaxed requirements and how these services can be quickly implemented.

Also, on March 19, the Cabinet for Health and Family Services expanded Medicaid services to include “any appropriate health service related to or rationally related to the declared emergency” and telehealth services which may include the use of a telephone. This new regulation temporarily suspends certain income and institutionalization restrictions. The regulation also expands its reach to services provided under WIC. These changes will have a corresponding effect on Medicaid coverage and payments.

Implementation of a telehealth program requires careful consideration of the requirements and new policies and procedures.  Also, all services regardless of ambiguous government guidance must be well documented.

Telehealth may be the way to provide services and protect health care providers.  Let us know if McBrayer can be of assistance.  The CMS fact sheet related to the telehealth expansion can be found here. 

Lisa English Hinkle is a Member of McBrayer law. Ms. Hinkle chairs the healthcare law practice and is located in the firm’s Lexington office. Contact Ms. Hinkle at lhinkle@mcbrayerfirm.com or (859) 231-8780, ext. 1256, or reach out to any of the attorneys at McBrayer. 

Services may be performed by others.

This article does not constitute legal advice.

New Kentucky Law Provides More Access to Telehealth

Thanks to recently passed legislation going into effect July 1, 2019, Kentucky providers will have more access to patients via telehealth. Previously, telehealth visits were limited to doctors and high-level practitioners, with patients required to be in a clinical setting for the visit. The new law will allow commercial insurance and Medicaid to pay for telehealth visits in the home as well as pay mid-level providers for telehealth visits. More >