The PHE ends May 11. So what is ending in telehealth and remote patient monitoring?
PHE Ends May 11: 4 Ways Telehealth & RPM Will Change
The Public Health Emergency for COVID-19 (PHE) is set to end on May 11, 2023. The Department of Health and Human Services (HHS) created a fact sheet to help healthcare organizations prepare for these changes. This Tenovi guide highlights the 4 fundamental changes that will go into effect on May 11, 2023, from the perspectives of telehealth and remote patient monitoring.
1. HIPAA Rules for Technology Use Enforced
When the PHE ends May 11, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) will resume enforcement of penalties on providers for noncompliance with HIPAA rules for technology use. In addition, OCR has clarified how and the circumstances under which the HIPAA rules apply to telehealth.
2. RPM Services Back to Established Patients
Before the PHE, RPM services were limited to established patients. However, during the PHE, CMS waived the based patient requirement, allowing practitioners to bill for remote patient monitoring services for new patients. Therefore, after May 11, CMS requires RPM services to be furnished only to established patients.
3. New Patient Controlled Substances in Telehealth Ends
During the PHE, the Drug Enforcement Agency (DEA) waived the Ryan Haight Act that required an in-person exam to prescribe controlled substances. Thus, allowing new patients to receive medically necessary prescriptions via telemedicine appointments. Therefore when PHE ends May 11, the in-person requirement stands. This means new patients prescribed controlled substances through telehealth must attend in-person appointments to receive their prescriptions.
4. Telehealth & RPM Copayment Waivers Ending May 11
During the PHE, healthcare providers were not subject to administrative sanctions for reducing or waiving copayments and deductibles for telehealth services or remote patient monitoring (RPM) services furnished to Medicare beneficiaries.
Therefore, when the PHE ends May 11, healthcare providers offering telehealth or RPM services to Medicare beneficiaries must no longer reduce or waive any copays or deductibles for services. In addition, Telehealth and remote patient monitoring companies must quickly establish new workflows to ensure payments are charged and collected.
PHE Ends May 11: Prepare Now
Hopefully, your health organization has already begun creating new processes for when the PHE ends May 11. However, Telehealth and remote patient monitoring companies following the PHE waivers will want to work immediately on creating workflows so that your organization fully complies with the rules before the end of the PHE in May. In addition, digital health companies should stay abreast of further changes related to the close of the PHE extension.
