Resources & Reports

As we head closer to the public health emergency (PHE) end date of May 11, 2023, recent actions and releases by both Congress and federal agencies paint a clearer picture of what the post-PHE federal telehealth policy landscape will look like.  In December 2022 with the passage of the Consolidated Appropriations Act of 2023 (2023 CAA), several major federal telehealth policy questions were addressed.

The Centers for Medicare and Medicaid Services (CMS) recently released an update to the Policy Manual for Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs). The update included policy changes made previously by CMS through the 2022 and 2023 Final Physician Fee Schedules, but had not yet been incorporated officially into the FQHC/RHC policy manual.  To understand the impact of the policy changes, it’s first important to note that under permanent law, FQHCs and RHCs are not eligible distant site providers of telehealth services.

When discussing telehealth policy the focus is usually on laws, regulations or an administering agency’s policies. What sometimes gets overlooked or forgotten is the impact court decisions can have on how and how extensively telehealth can be used. In last week’s Center for Connected Health Policy (CCHP) newsletter, we mentioned two court cases were filed in federal court to challenge the more restrictive policies placed in two states on prescription-induced abortions.  The two cases are Bryant v. Stein et al in North Carolina and GenBioPro, Inc. v. Sorsaia and Morrisey in West Virginia.  Both cases are challenges to state laws that regulate medication assisted abortion by banning or limiting the prescribing and dispensing of mifepristone.

CCHP’s February Newsletter is here! This month’s topics include – Study Finds COVID Flexibilities did NOT Impact Buprenorphine Overdoses & Potential for New Permanent Controlled Substance Prescribing Rule; Biden Administration Announces End of PHE May 11, 2023; AMA CPT Editorial Panel Agenda Includes New Office Visit Telemedicine Codes; Developments in CCHP’s Telehealth Policy Finder and Policy Trends Map; Telehealth Indicator Integrated into CMS Online Healthcare Provider Compare Tool; CMS Proposes Telehealth Focused Digital Health Education Requirements for Medicare Advantage Organizations; HHS Proposes Standards for Electronic Signatures; CMS COVID-19 Flexibility Transmittal for FQHC/RHCs Updated with New Distant Site Payment Amount; Abortion Cases Filed Challenging State Abortion Restrictions; Medicare Telehealth Trends Data Updated through June 2022; KFF Medicaid Behavioral Health Telehealth Survey Results; FQHC Billing Assistance.

On January 13, 2023, the California Department of Health Care Services (DHCS) released the updated Medicaid Provider Manual for telehealth.  The update incorporated changes made to California Medicaid (Medi-Cal) policy in the 2022 Legislative Session, primarily through two pieces of legislation: SB 184, which was one of the state budget trailer bills, and AB 32 (Aguiar-Curry).  Additionally, several weeks prior, DHCS also released the outline for their research and evaluation plan which was a requirement of SB 184.