In hopes that the COVID-19 public health emergency (PHE) will soon end, Congress and the administration are evaluating the telehealth expansions and flexibilities put in place to respond to the PHE. As a result, the future for telehealth stakeholders remains uncertain. This article outlines various changes in Medicare telehealth reimbursement policy in effect during the PHE and identifies what actions would be required to make these changes permanent.
Staying Connected: An Update on Medicare Reimbursement for Telehealth Services After the PHE
By Amanda Enyeart, Dawn Helak, Marshall E. Jackson, Jr., Lisa Schmitz Mazur, Dale C. Van Demark, Mara McDermott and Lauren Knizner on January 11, 2022
Amanda EnyeartFocused on compliance, transactions and sector-specific counseling, Amanda Enyeart works with her clients to deploy digital health technology in compliance with a wide range of health law regulations. She is particularly concentrated on telehealth, fraud and abuse, information technology, data strategies and digital health matters. She provides counsel on all aspects of telehealth and other healthcare delivery modalities, advising on the complex patchwork of state-by-state regulatory issues, including practitioner licensure, Medicare and Medicaid reimbursement, compliance with the federal Stark Law and Anti-Kickback Statute, and state fraud and abuse laws.Read Amanda Enyeart's full bio.
Dawn HelakDawn R. Helak provides counseling and advice to hospitals and health systems, academic medical centers (AMCs), private equity firms and their portfolio companies, post/sub-acute providers, trade associations and coalitions, physician practices, and other public and private health care companies in a variety of complex transactions and health regulatory compliance matters. Dawn has experience in all aspects of health care transactions, including mergers, acquisitions, joint ventures and strategic affiliations. Dawn focuses her regulatory practice on advising clients with respect to federal and state health care fraud and abuse compliance, reimbursement issues, and licensure and operational matters. Read Dawn R. Helak's full bio.
Marshall E. Jackson, Jr.Marshall E. Jackson, Jr. focuses his practice on transactional and regulatory counseling for clients in the health care industry, as well as advises clients on the legal, regulatory and compliance aspects of digital health. Marshall provides counseling and advice to hospitals and health systems, private equity firms and their portfolio companies, post/sub-acute providers, physician practices, and other public and private health care companies in a variety of complex transactions and health regulatory compliance matters. Read Marshall Jackson's full bio.
Lisa Schmitz MazurLisa Schmitz Mazur advises health care providers and technology companies on a variety of legal, regulatory and compliance matters with a particular focus on digital health topics, including telehealth, telemedicine, mobile health and consumer wellness. Lisa advises a variety of health care providers and technology companies involved in “digital health,” including assisting clients in developing and implementing telemedicine programs by advising on issues related to professional licensure, scope of practice, informed consent, prescribing and reimbursement. Lisa helps clients identify and understand the relevant legal issues, and develop and implement practical, forward-thinking solutions and strategies that meet the complex and still-evolving digital health regulatory landscape. Read Lisa Schmitz Mazur's full bio.
Dale C. Van DemarkWith his robust experience in health system affiliations, joint venture transactions, cross-industry collaborations and the development of new healthcare delivery models, Dale C. Van Demark works at the forefront of strategic transactions and digital health matters in the health, life sciences and technology industries. As a sought-after legal, strategic and policy advisor, he’s well-informed on integrating information technology into healthcare and has worked with clients in the realms of delivery of care, life sciences research and development, and artificial intelligence. Dale C. Van Demark serves as a co-chair of the Firm's Digital Health practice. Read Dale Van Demark's full bio.
Mara McDermottMara is an accomplished health care executive with a deep understanding of federal health care law and policy, including delivery system reform, physician payment and Medicare payment models.Read Mara McDermott's full bio.
Lauren KniznerLauren leverages her health-related legal background to advise clients on regulatory matters impacting the health care industry. Her work focuses on helping clients successfully engage in the federal regulatory process to advance health policy advocacy efforts, including engaging in federal agency rulemaking processes and working with agency officials to develop and improve agency guidance. Lauren works with a wide variety of clients in the health care industry, including hospitals and health systems, trade and professional associations, pharmaceutical and medical device manufacturers, and health information and technology companies. Lauren’s work focuses on several areas, including Medicare reimbursement issues, Medicare value based care models, and Medicare telehealth policy. Read Lauren Knizner's full bio.
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