On July 29, the Centers for Medicare and Medicaid Services (CMS) issued its proposed 2020 Physician Fee Schedule rule, which contains new telehealth services covered under Medicare. Surprisingly, CMS did not receive any provider requests to add new telehealth services this year. Fortunately, CMS took it upon itself to propose three new codes. This article discusses the proposed new codes, explains how to submit public comments on the proposed rule, and describes how to submit requests for new telehealth services. The public comment period is open through September 27, 2019.
Under Medicare, the term “telehealth services” refers to a specific set of services practitioners normally furnish in-person, but for which CMS will make payment when they are instead furnished using interactive, real-time telecommunication technology. The Social Security Act governs what telehealth services are, and are not, covered under Medicare. Generally, there are five statutory conditions required for Medicare coverage of telehealth services:
Provided the distant site practitioner complies with each of the above requirements, the telehealth service furnished via an interactive telecommunications system will substitute for an in-person encounter, and it should meet the requirements for Medicare coverage assuming other standard coverage and payment provisions are met.
There is a specific process to request additions or deletions from the list of covered telehealth services. Initially, CMS assigns each proposed code to one of two categories. Category 1 is for those services similar to professional consultations, office visits, and office psychiatry services currently on the list of telehealth services. Category 2 is for those services not similar to those on the current list of telehealth services. Proposals that fall into Category 2 undergo a more exacting review, including whether the proposed service will produce demonstrated clinical benefit for patients. When submitting a proposal to request coverage of a new service/code, it is necessary to first determine in which category the service will be considered, so that the type of clinical and nonclinical support documentation CMS expects will accompany the submission.
CMS accepts requests for additions or deletions to the Medicare telehealth services list until February 10th of each calendar year. This deadline aligns with the deadline for receipt of code value recommendations from the Relative Value Scale Update Committee.
Particularly surprising was that this year, there were no requests that CMS add new codes to the telehealth services list. It is unclear why providers failed to make such requests, but CMS speculated that the vast majority of existing services that can be appropriately delivered via telehealth are reflected by codes that are already on the list.
Despite the absence of requests, CMS proposed adding three codes to the covered Medicare telehealth service list:
These three services are sufficiently similar to services already on the list of Medicare telehealth services, so CMS classified them as Category 1. Accordingly, a streamlined review process took place. Subject to public comment, these services are expected to be added to the list of Medicare telehealth services when the final rule is published, and would go into effect January 1, 2020.
CMS also noted how the SUPPORT Act statutorily removed the geographic limitations for telehealth services furnished to individuals diagnosed with a substance use disorder (SUD) for the purpose of treating the SUD or a co-occurring mental health disorder. The change also allows telehealth services for treatment of a diagnosed SUD or co-occurring mental health disorder to be furnished to individuals at any telehealth originating site (other than a renal dialysis facility), including in a patient’s home. No originating site facility fee is paid when the beneficiary’s home is the originating site. These changes became effective July 1, 2019.
Providers, technology companies, and entrepreneurs interested in telehealth should consider submitting comments to the proposed rule anonymously or otherwise – via electronic submission at this link. CMS is soliciting comments on the proposed rule until 5:00 p.m. on September 27, 2019. Alternatively, commenters may submit comments by mail to:
If submitting via mail, please be sure to allow time for comments to be received before the closing date.
Interested parties need not wait on Congress or CMS to act; anyone may send CMS a request to add services (HCPCS codes) to the list of covered Medicare telehealth services. This can include medical specialty societies, individual physicians or practitioners, entrepreneurs, hospitals, state and federal agencies, telehealth companies, vendors, and even patients. Requests may be submitted at any time on an ongoing basis. The requests will be consolidated and considered during the CMS rulemaking cycle.
Each request should address the following:
Email your request to Telehealth_Review_Process@cms.hhs.gov with a subject line of “Telehealth Review Process.” Alternatively, you can mail the request to: Division of Practitioner Services, Mail Stop: C4-03-06, Centers for Medicare and Medicaid Services, 7500 Security Boulevard Baltimore, Maryland 21244-1850. Attention: Telehealth Review Process.
Continued expansions in Medicare reimbursement mean providers should make enhancements to telehealth programs now, both for the immediate cost savings and growing opportunities for revenue generation, to say nothing of clinical quality and patient satisfaction. We will continue to monitor CMS for any rule changes or guidance that affect or improve telehealth opportunities.
For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team.