Health Care Law Today

Latest from Health Care Law Today

Massachusetts has a new telehealth law on the books, signed into law by Governor Charlie Baker as part of a comprehensive healthcare bill. The telehealth provisions constitute only a portion of the 70-page legislation, but represent the first major formalization of telehealth laws in Massachusetts. The Act was successfully signed into law on January 1, 2021, following several years of proposed legislation and unsuccessful attempts at laws on insurance coverage and practice standards.…
In this episode, Foley Partner Holden Brooks sits down with Drs. Monica Noether and Sean May, who are Vice Presidents at Charles River Associates (CRA), to explore the ways that economists add value to provider clients who are considering transactions. They will explain what it is that economists can bring to the table, their flexibility in structuring these kinds of engagements, and get a sense for what they see emerging as trends in the…
With 2020 officially behind us, what does 2021 have in store for telemedicine and digital health policy? A year ago, our team predicted 2020 would bring “notable expansions in Medicare and Medicaid coverage” and “the reimbursement landscape looks promising for virtual care services.” Looking back, that was an understatement (if an easy one). Below are five new predictions for what legal changes telemedicine and digital health companies might expect to see this year. 1.  Licensing:…
Congress’ recently-passed Federal Appropriations Act includes new provisions modifying the scope of the Provider Relief Fund payments overseen by the U.S. Department of Health and Human Services (HHS), granting providers new flexibility in how they may use the funds they received. The legislation also authorizes HHS to distribute an addition $3 billion dollars in Provider Relief Fund payments. The legislation was signed into law on December 27, 2020. Payments from the Provider Relief Fund were…
The Centers for Medicare and Medicaid Services (CMS) just released its 2021 Final Rule (Physician Fee Schedule), with telehealth policy changes and a list of new services covered under Medicare. Actions taken by CMS during the COVID-19 pandemic “have unleashed an explosion in telehealth innovation, and we’re now moving to make many of these changes permanent,” said HHS Secretary Alex Azar, promising CMS will “keep exploring ways to deliver Americans access to health care in…
“As with many parts of health care, there will be a healthy mix of physical and digital, but for me, this is an area that will be durable over the long-term. It was already a trend, but COVID has accelerated it.” – Katherine Wood, Principal at TPG Capital. A panel of industry thought leaders met on November 12th to talk about how COVID-19 has been a major factor in Trending Towards a Record-Breaking Year in…
A panel of health care industry leaders and subject matter experts met to discuss more accessible, convenient, and reliable patient care and the lifting of behavioral health’s stigma, hosted by HLTH on October 29, 2020 as part of the HLTH Matters GoLive Webinar Series. HLTH (pronounced “health”) is a community of leaders, innovators, and pioneers of the health industry and span across the entire health ecosystem; payers, providers, employers, investors, startups, pharma, policymakers, and…
“The COVID Public Health Emergency did not create the telehealth industry; it simply accelerated its inevitable growth.” – Nathaniel Lacktman, Partner and Chair of Foley & Lardner’s Telemedicine & Digital Health Industry Team  A panel of telehealth thought leaders met to discuss How Telehealth Transformed Health Care Delivery and What the Future Holds, hosted by Moss Adams at its 2020 Health Care Executive Webcast Series: Consequences of a Crisis & Revolutionizing Care. The discussion…
On October 14, 2020, CMS added eleven new codes to the list of telehealth services covered by Medicare during to the COVID-19 Public Health Emergency (PHE). Coverage for these new services is effective immediately and will continue, on a temporary basis, for the duration of the PHE. The PHE was recently extended through January 20, 2021.  CMS also released a new supplement to its State Medicaid and CHIP Telehealth Toolkit, sharing new insights and…
On October 8th, the Massachusetts Health & Hospital Association (MHA) held a webinar regarding the information blocking aspects of the Office of the National Coordinator for Health Information Technology (ONC) Final Rule under the 21st Century Cures Act. The Cures Act required ONC to develop regulations to improve interoperability and patient access to electronic health information, and deter information blocking. Information blocking is a practice that is likely to interfere with, prevent, or materially…