This section provides detailed information on state and federal rules and regulations that address or impact telehealth practice including the Employee Retirement and Income Security Act (ERISA). Please note, this information is not legal advice. Always consult with legal counsel when addressing legal and regulatory considerations.
A word about the COVID-19 pandemic
The PHE for the Covid19 was first declared at the Federal level on January 31, 2020 by the Secretary for Health and Human Services. The PHE has been extended every 90 days since then. On January 31, the Administration announced that the PHE would officially end on May 11, 2023.
Most of the telehealth flexibilities granted during the PHE are extended until 155 days after the end of the PHE.
Thanks to the passage of HR 2617 better known as the Omnibus budget bill, some of the telehealth flexibilities granted during the PHE were extended through December 31, 2024. Not all flexibilities were included in this continuance.
It is important that CMS provide guidance to reconcile the expiration of the telehealth flexibilities with the provisions in the Omnibus bill. It is important for telehealth providers keep a close watch for updates from CMS in order to plan ahead for adjustments to their services, policies and procedures.
Here are the potential resolutions for the telehealth flexibilities once the PHE is ended:
Medicare telehealth regulations are created by a statute –a written law passed by a legislature at the state or federal level. Statutes set forth general propositions of law that are applied to specific situations. Congress creates the laws that govern Medicare. Only Congress can change these laws. Regulations add guidance, management, control, or disposition.
These resources are divided into specific telehealth program development topic categories. This list is not intended to be comprehensive. TAO will add new resources as we have the opportunity to evaluate them.
This is the only resource recommended by TAO for technology Assessment. To gather additional information, talk with similar programs to yours to get input on the technology they have selected and talk to vendors as well. You can also use the General Resources Guides listed above to help develop your protocol for technology selection.