4 big telehealth, HIPAA updates from the federal government in the past 12 days

As the coronavirus spreads across the U.S., President Donald Trump and his administration have made four big rule updates and policy changes related to telehealth and HIPAA requirements in the past two weeks.

Here is a timeline of events.

1. On March 6, President Trump signed an emergency funding bill in response to the coronavirus outbreak, including $500 million in waivers for Medicare telehealth restrictions. The bill included $7.76 billion for federal, state and local agencies and $2.2 billion devoted to preventing the spread of the virus. The benefit extended telehealth coverage to all Medicare beneficiaries regardless of location; it was previously restricted to those in rural areas.

2. President Trump announced $42 million in funding to expand resources, including telemedicine, on March 13. In the plan and allowed HHS to waive federal licensing regulations, which would allow out-of-state physicians can treat patients through telemedicine in states with large outbreaks.

3. President Trump further expanded telehealth capabilities for Medicare beneficiaries on March 17, allowing beneficiaries to have common office visits, mental health counseling and preventative healthcare screenings through telehealth. Clinicians can bill for dates of service starting March 6, and be paid under the Physician Fee Schedule the same amount as in-person services.

4. On March 17, President Trump announced his administration would not enforce HIPAA penalties and suggested allowing providers to virtually communicate with patients via their personal phones. HHS Secretary Alex Azar waived sanctions and penalties including, including penalties for the violating these provisions:

• Obtaining the patient's agreement to speak with family members or friends involved in patient care
• Honoring the request to opt out of the facility directory
• Distribute a notice of privacy practices
• The patient's right to request privacy restrictions
• The patient's right to confidential communications

 

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