Waltz, Ferrante Quoted in Compliance Cosmos on How Government Waivers Are Jump Starting Telehealth During Pandemic

Partner Judith Waltz and Senior Counsel Thomas Ferrante were quoted in the Compliance Cosmos article, “With Waivers the Catalyst for Telehealth Use in COVID-19 Response, Some Hospitals Act Fast” which discussed how a series of actions by the federal government have allowed providers to bill Medicare for services delivered by telehealth to patients anywhere in the country.

Ferrante said that while time is of the essence with COVID-19, hospitals must balance the urgency with compliance and legal considerations with telehealth practices. “There are a lot of butterfly effects occurring because of COVID-19,” Ferrante said. “If they haven’t done a lot of telehealth before, maybe they don’t turn the faucet on all the way. You could do harm if you don’t have the correct systems in place. If you’re worries about billing, maybe hold the claims and look at them later.

Waltz noted that waivers of certain federal requirements also are a catalyst for telemedicine. For one thing, CMS said it temporarily waived “requirements that out-of-state providers be licensed in the state where they are providing services when they are licensed in another state” for Medicare and Medicaid billing.In other words, CMS isn’t requiring in-state licensure, said Waltz. “Any old licensure will do.”

But that’s only half the equation because providers are still bound by state law. Fortunately, “states are following up on that approach,” allowing physicians licensed in any state to go to another state to practice, she said. There are complications for telehealth, however, which requires state approval for out-of-state providers to treat patients without an in-person visit. The first to act was Florida, with a March 16 emergency order relaxing some licensure and practice standards for health care professionals treating people in connection with COVID-19, Waltz said. Among other things, the emergency order allows physicians and nonphysician assistants who hold valid unrestricted licenses in states outside of Florida to provide health care services to Floridians via telehealth, she said. Washington state’s waiver was approved by CMS on March 19 and had telehealth features in it.

jwaltz@foley.com

San Francisco 415.438.6412

tferrante@foley.com

Tampa 813.225.4148

Related News

View All Posts

June 20, 2025 In the News

Brian Wheeler and Lyman Thai Comment on Private Equity's Entry into Niche Sports

Foley & Lardner LLP partners Brian Wheeler and Lyman Thai described private equity's growing investments in niche sports in the Pensions & Investments article, "Ares Management buys minority stake in French sailing team."

June 16, 2025 In the News

Gregory Husisian on Customs Compliance Violations – 'It's a sharply increased risk profile'

Foley & Lardner LLP partner Gregory Husisian joined the SupplyChainBrain Thought Leaders episode, "Getting Ahead of Customs Compliance Violations," to describe the heightened risk environment importers face under the current trade and regulatory regime.

June 11, 2025 In the News

Foley Named Top US Firm for IP Lateral Hires by ManagingIP

Foley & Lardner LLP was named the top United States firm for intellectual property lateral partner hires in April and May 2025 based on data from ManagingIP's Talent Tracker.

Waltz, Ferrante Quoted in Compliance Cosmos on How Government Waivers Are Jump Starting Telehealth During Pandemic

People

Judith A. Waltz

Thomas B. Ferrante

Related News

Brian Wheeler and Lyman Thai Comment on Private Equity's Entry into Niche Sports

Gregory Husisian on Customs Compliance Violations – 'It's a sharply increased risk profile'

Foley Named Top US Firm for IP Lateral Hires by ManagingIP