Category: Telehealth

Why telehealth was a big winner in new budget deal

By Andy Cole, Class of 2018; Amber Greene Arnold, Associate at Waller

Hidden in the details of the Bipartisan Budget Act of 2018 are some key telehealth provisions that are receiving praise from many industry groups and could mark a significant development for Medicare telehealth policy.

The new legislation promotes telehealth in several ways.

Tele-stroke. Medicare currently only covers tele-stroke services for patients located in rural health professional shortage areas and counties not classified as a metropolitan statistical area.  Effective January 1, 2019, however, Medicare will cover a telehealth consultation for any Medicare beneficiary presenting at a hospital with acute stroke symptoms, without regard to current geographic restrictions.

End-Stage Renal Disease (ESRD) Services.  Beginning January 1, 2019, the legislation allows nephrologists to use telehealth to provide monthly clinical assessments for ESRD patients on home dialysis.  This provision is not subject to any geographical restrictions and the “originating site” may be a freestanding dialysis facility or the patient’s home. However, ESRD patients benefiting from this provision will still be required to have an in-person assessment each of the first three months of home dialysis and once every three months thereafter.  This provision is notable for ESRD patients who may have difficulty traveling.

Medicare Advantage Plans.  Currently, Medicare Advantage plans may cover telehealth services in addition to those covered by the traditional Medicare program, but these additional telehealth services are not paid for separately by Medicare.  The new legislation, however, authorizes Medicare Advantage plans, beginning with the 2020 plan year, to offer to include additional telehealth benefits beyond those available under traditional Medicare in their annual bid to the government.  These additional telehealth services would also have to be available to patients through in-person visits as well.  Due to the rapidly growing number of beneficiaries enrolling in Medicare Advantage plans, this provision may have a significant effect on the growth of telehealth services under Medicare.

Accountable Care Organizations.  The legislation also allows for increased coverage of telehealth services provided to Medicare patients assigned to certain ACOs.  More specifically, after January 1, 2020, for two-sided ACOs (meaning the ACO shares in both savings and losses) or an ACO tested or expanded through the Center for Medicare and Medicaid Innovation, existing telehealth geographic limitations will not apply.  This will allow for a patient’s home to qualify as an “originating site” even if the patient’s home is not located in a rural health professional shortage area.

These changes reflect a continued interest by lawmakers in supporting and expanding telehealth services and have the potential to increase access to care for Medicare beneficiaries while potentially lowering costs.  Healthcare providers should monitor the implementation of these provisions and evaluate opportunities for participating in Medicare’s expansion of coverage for telehealth.

Proposed Telehealth Bill

By Ann Hogan, Class of 2018

After years of debate, on Wednesday, March 29, 2017, the Texas Senate unanimously passed Bill 1107, legalizing telehealth and telemedicine in the state of Texas and is to take effect immediately. Telemedicine is a health care service delivered by a licensed physician or health professional to a patient at a different physical location than the physician or health professional using telecommunications or information technology.

Bill 1107 removes the requirement of a face-to-face consultation between a patient and physician providing a telemedicine medical service within a certain number of days following an initial telemedicine service in order to create the physician-patient relationship. Now, a physician-patient relationship can be created through telephone or video.

Bill 1107 delegates the authority for the Texas Medical Board to create rules to effectuate appropriate quality care, the prevention of fraud and abuse, and the supervision of the healthcare professionals. It also requires the physician to comply with the standard of care that would apply to the provision of the same health care service or procedure in an in-person setting. Mental health services are excluded from this provision. Also noteworthy, physicians are not permitted to prescribe an abortifacient or any other drug or device that terminates a pregnancy through telemedicine.

The passing of this bill will likely have a significant effect for rural provider areas. For Texans who live in rural areas, telemedicine will allow them to seek care from providers via phone or video and have prescriptions called in to their local pharmacy. This will increase the efficiency of health care for Texans and save them time and money.