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New HIPAA Guidance: Use of Remote Technologies for Audio-Only Telehealth

HHS recently issued guidance to clarify how health plan and health care provider covered entities under HIPAA (each, a “Covered Entity”) may use remote communication technologies to deliver audio-only telehealth services (“Audio Services”) in accordance with HIPAA’s privacy and security rules. Audio Services may be offered by a Covered Entity in order to expand access to health care by individuals who are unable to use video telehealth services due to disability, limited English proficiency, lack of internet availability, or other factors.   Topics addressed by the guidance include: Reasonable safeguards that must be implemented by a Covered Entity that is providing Audio Services, including verifying the identity of the individual who is being provided the Audio Services before any PHI is disclosed; The application of the HIPAA security rule, which imposes requirements on the use and disclosure of electronic PHI, to various forms of communication technologies that may be used… Continue Reading

New Legislation Extends Relief for Telehealth Coverage Prior to Satisfying HDHP Deductible

The Consolidated Appropriations Act of 2022 (“CAA”), enacted on March 15, 2022, extends the optional relief previously provided under the CARES Act regarding the ability of a high deductible health plan (“HDHP”) to cover telehealth services without application of the deductible. Under the CARES Act relief, which applied to plan years beginning on or before December 31, 2021, a participant in an HDHP that adopted the relief could obtain pre-deductible telehealth services without compromising his or her ability to make contributions, or have contributions made, to a health savings account. See our prior blog post about the CARES Act relief here. The extension of the telehealth relief under the CAA is not retroactive to January 1, 2022, but instead is effective only for months beginning after March 31, 2022, and before January 1, 2023, thus creating a gap in the relief for calendar year plans (and certain non-calendar year plans)… Continue Reading

Additional Federal Guidance Regarding COVID-19 and Telehealth Coverage: Some Employer Take-Aways

The U.S. Departments of Labor, Treasury, and Health and Human Services (the ?Ç£Departments?Ç¥) recently issued FAQs regarding the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and COVID-19. A number of these FAQs address a group health plan?ÇÖs required coverage of COVID-19 tests, including which tests must be covered, related facility fees, reimbursement rates, and balance billing to patients. Employers should ensure that the third party administrators of their group health plans have incorporated this guidance for plan administration purposes. In addition, some of the other FAQs may be of interest to employers. For example, the FAQs provide that, if a group health plan reverses the increased coverage of COVID-19 or telehealth after the COVID-19 public health emergency period is over, the Departments will consider the plan to have satisfied the requirement to provide advance notice of changes to the Summary of Benefits… Continue Reading

SBC Relief for COVID-19 Coverage or Telehealth Changes to Group Health Plans

Generally, if an employer-sponsored group health plan makes a material modification to coverage midyear that would affect the content of the plan?ÇÖs Summary of Benefits and Coverage (?Ç£SBC?Ç¥), the plan administrator must provide participants with 60 days?ÇÖ prior notice of the modification. The U.S. Departments of Labor, Treasury, and Health and Human Services have issued a FAQ stating that they will not take any enforcement action against any plan for not providing such notice when the modification is to provide greater coverage related to the diagnosis and/or treatment of COVID-19 or to add benefits or reduce or eliminate cost sharing for telehealth and other remote care services. However, the plan administrator must still provide notice of the changes to participants as soon as reasonably practicable. This non-enforcement policy only applies while there is a public health emergency declaration or national emergency declaration related to COVID-19 in effect. The FAQs are… Continue Reading

Telemedicine Parity for Texas

Texas Senate Bill 1107 was signed into law on May 27, 2017, bringing welcome change to the rules governing telemedicine benefits in Texas that are comparable to those in other states. Some significant changes include: (i) a physician-patient relationship can be established without in-person contact or the presence of another healthcare provider with the patient during the telemedicine visit through the use of live or delayed audio/video, and (ii) a telemedicine provider may write prescriptions for the patient as a result of the telemedicine visit. The use of delayed audio/video (e.g., a recorded video sent via email) is permitted when the telemedicine provider reviews the patient?ÇÖs medical records or other relevant material. The appropriate standard of care for a telemedicine benefit is the same as for inpatient physician visits, and telemedicine providers must inform patients about appropriate follow-up care. Senate Bill 1107 directs certain state agencies to jointly issue rules… Continue Reading

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