HCBA Lawyer Magazine Vol. 28, No. 6 | Page 44

top Five wayS teLeHeaLtH wiLL CHaNge uNder 2018 FederaL FuNdiNg BiLL
Health Care law Section Chairs : T . J . Ferrante – Foley & Lardner LLP & Kevin Rudolph – Shriners Hospital for Children
one takeaway is medicare advantage plans can finally include telehealth services as a basic benefit .
© Can Stock Photo / verbaska

This article summarizes five key takeaways on how the recent federal Bipartisan Budget Act of 2018 , signed into law on February 9 , 2018 , will benefit the telehealth industry .

1 . No More Originating Site Restrictions for Telestroke Beginning January 1 , 2019 , the historic geographic limitations and facility-type requirements on originating sites will no longer apply to diagnosing , evaluating , or treating symptoms of an acute stroke when done at certain originating sites . These originating sites are 1 ) hospitals , 2 ) critical access hospitals , 3 ) any mobile stroke unit as defined by the Secretary of Health and Human Services , or 4 ) any other site determined appropriate by HHS .
Note , the new reimbursement applies only to the distant site practitioner ’ s professional fee , not the originating site facility fee .
2 . Medicare Will Reimburse for Telehealth Dialysis Services at the Patient ’ s Home and at Independent Facilities Reimbursement is extended to dialysis services provided remotely to patients located at home or at independent renal dialysis facilities . Effective January 1 , 2019 , an individual with end stage renal disease ( ESRD ) receiving home dialysis may choose to receive monthly ESRD-related oversight visits from their home via telehealth if the patient receives a “ face-to-face ” visit ( in this context , meaning in-person ) at least once a month during the initial three months of home dialysis and then ,
after the initial three months , at least once every three consecutive months . Keep in mind , however , that no facility fee payment is available when a patient is located at home .
3 . Providers Can Give Free Telehealth Technology / Equipment for At-Home Dialysis Patients The provision of free telehealth technologies by a provider of services or a renal dialysis facility to an individual with ESRD who is receiving home dialysis for which Medicare payment is received will not constitute illegal remuneration under the Civil Monetary Penalties Law if : 1 ) the technology is not offered as part of any advertisement or solicitation , 2 ) the technology is
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