Amanda Enyeart

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Focused 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.

Trending in Telehealth: July 2024


By and on Aug 1, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

In this “Trending in Telehealth” installment, Amanda Enyeart and Jay Hyun Lee of McDermott’s Healthcare Group highlight a new Pennsylvania law that requires health insurance coverage for telehealth and in-home program services for pregnant and postpartum women. Read more here.

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States Adopt Interstate Compacts, Expand Behavioral Health Access


By , and on Feb 7, 2024
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Multiple states – including Mississippi, New Jersey and Virginia – have been busy finalizing legislation and rulemaking to adopt interstate compacts and expand behavioral health access. What else have these states been up to in recent weeks? Read more here.

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DEA Further Extends Flexibilities for Controlled-Substance Prescribing via Telemedicine


By , , , , , , , and on Oct 25, 2023
Posted In Employee Benefits, Health and Welfare Plans

The US Drug Enforcement Administration and the Substance Abuse and Mental Health Services Administration have further extended flexibilities that allow providers to prescribe controlled substances via telemedicine without first performing an in-person visit. The flexibilities were initially provided during the COVID-19 public health emergency. The extension runs through December 31, 2024. Read more here.

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Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE


By , , , , , , , , and on Jun 23, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the extension is in place, the DEA indicated that it will be further evaluating its recently proposed rules for post-COVID-19 public health emergency telemedicine prescription of controlled...

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HHS OIG Develops Toolkit to Analyze Telehealth Claims to Assess Program Integrity Risks


By , , , , and on Jun 13, 2023
Posted In Employee Benefits, Health and Welfare Plans

The US Department of Health and Human Services Office of the Inspector General (HHS OIG) recently unveiled a new toolkit that seeks to help analyze telehealth claims for federal healthcare program integrity risks. It is based on methodologies highlighted in OIG’s September 2022 data brief; the data brief identified billing practices by Medicare providers that...

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Telehealth Trends to Watch: Increased Focus on Privacy and Security


By , , and on Apr 19, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

We expect to see continued focus on privacy and security at the federal and state level. For example, California, Virginia, Colorado, Utah and Connecticut have new privacy laws coming into effect in 2023. As part of our State Law Privacy Video Series, McDermott described how these laws will affect health data and healthcare entities—in particular,...

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Omnibus Bill Extends Medicare Telehealth Flexibilities and HDHP Telehealth Safe Harbor


By , , , , , , , and on Dec 28, 2022
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

On December 23, 2022, US Congress approved a year-end omnibus legislative package, Consolidated Appropriations Act, 2023 (CAA 2023), which consists of all 12 fiscal year 2023 appropriations bills and numerous other provisions, including health policy changes. The healthcare provisions in this omnibus package extend key Medicare telehealth flexibilities and the temporary telehealth safe harbor for...

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Staying Connected: An Update on Medicare Reimbursement for Telehealth Services After the PHE


By , , , , , and on Jan 11, 2022
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security

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...

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50-State Survey | Rules Governing Telehealth Modalities and Patient-Provider Relationships


By , , , and on Sep 29, 2021
Posted In Digital Health, Employee Benefits, Health and Welfare Plans

Telehealth’s state-by-state regulatory patchwork means that healthcare providers must navigate a variety of regulations that govern which types of care can be provided by virtual means, and even what modalities can be used in different care settings. McDermott’s recent 50-state survey explores the standard and requirements that physicians and nurse practitioners must follow when prescribing...

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CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal


By , , and on Sep 15, 2021
Posted In Employee Benefits, Health and Welfare Plans

The Centers for Medicare & Medicaid Services recently published its annual proposed changes to the Medicare Physician Fee Schedule, which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site restrictions, and limitations on audio-only...

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