Telehealth compliance after the public health emergency

11 minute read

Nearly three years have passed since the federal government initially declared a public health emergency (PHE) in response to COVID-19. Since then, telehealth utilization has soared largely due to new regulatory flexibility. Polls suggest that approximately one-third of Americans have tried telehealth, with 15% having used telehealth for the first time during the pandemic.[1] In 2021—a peak period in telehealth utilization—more than 2 in 5 Medicare beneficiaries used telehealth, representing an 88-fold increase in utilization of services from the prior year.[2] Nationwide claims data shows telehealth utilization rose to 4.9% of all medical claim lines in December 2021.[3] Patients report satisfaction with the health services provided, indicating they will continue to use telehealth services post-pandemic.[4]

Healthcare providers, including U.S. hospitals, medical practices, imaging centers/office-based labs, and urgent care facilities are investing in telehealth infrastructure to meet patient demand and expectations. Similarly, health plans and employer groups are expanding offerings and contracting with telehealth-enabled provider groups and telehealth vendors.

Though telehealth has emerged as a more accepted and often expected mode of healthcare delivery, the COVID-related regulatory flexibility that spurred the adoption of telehealth may disappear without legislation (or Executive) intervention at the expiration of the current federal PHE. At the same time, the U.S. Congress, U.S. Department of Justice (DOJ), and U.S. Department of Health & Human Services (HHS) have signaled that increased scrutiny of telehealth policies and related enforcement actions is forthcoming.[5] This article analyzes the status of telehealth waivers and policies that have contributed to the expansion of telehealth and identifies practical approaches to regulatory compliance for healthcare practitioners.

This document is only available to members. Please log in or become a member.
 


Would you like to read this entire article?

If you already subscribe to this publication, just log in. If not, let us send you an email with a link that will allow you to read the entire article for free. Just complete the following form.

* required field