The OIG has issued updated guidance on the provision of a telemedicine platform by hospitals to physicians with an additional FAQ, which deviates slightly from OIG’s April 3, 2020 Policy Statement. In its original Policy Statement, which can be found here, OIG stated it would apply enforcement discretion to transactions that fully comply with the 1877(g) waivers. In its more recent FAQ, which can be found here, OIG indicated that, in the unique and exigent circumstances resulting from the COVID-19 outbreak, the provision of telemedicine equipment to physicians is permissible so long as the telemedicine platform is:
- Provided for free to physicians to furnish medically necessary telehealth services;
- Provided only when necessary as a result of the COVID-19 outbreak and during the period subject to the COVID-19 declaration;
- Not conditioned on the physician’s past or anticipated volume or value of referrals to, or other business generated for, the hospital for any items or services that may be reimbursable in whole or in part by a federal health care program; and
- Offered to all physicians on the medical staff on an equal basis (but not necessarily accepted by every member to whom it is offered).
Of particular note is the new requirement that access to a telemedicine platform should be made available to all members of the medical staff. The original Policy Statement did not include an obligation to make the telemedicine solution available to all members of the medical staff. This updated guidance may, therefore, necessitate a modified approach in those facilities where equipment was made available to more limited groups.
If you have additional questions, please contact:
- Chris Eades at (317) 977-1460 or ceades@wp.hallrender.com;
- Regan Tankersley at (317) 977-1445 or rtankersley@wp.hallrender.com;
- Scott Geboy at (414) 721-0451 or sgeboy@wp.hallrender.com;
- Mike Batt at (317) 977-1417 or mbatt@wp.hallrender.com;
- Abby Kaericher at (202) 780-2989 or akaericher@wp.hallrender.com; or
- Your regular Hall Render attorney.
Hall Render’s attorneys and professionals continue to maintain the most up-to-date information and resources at our COVID-19 Resource page, through our 24/7 COVID‑19 Hotline at (317) 429-3900 or by contacting your regular Hall Render attorney.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
