Thomas Ferrante Comments on Proposed MPFS Changes to Telehealth Services

Foley & Lardner LLP Partner Thomas (T.J.) Ferrante is quoted in the article, “MPFS Rule: Say Goodbye to Incident-To, Audio-Only Telehealth Services; CMS Adds Codes,” in the Report on Medicare Compliance, published by the Health Care Compliance Association (HCCA).

The Centers for Medicare and Medicaid Services (CMS) uses the Medicare Physician Fee Schedule (MPFS) to reimburse physician services. If CMS finalizes a provision in the recently proposed 2023 MPFS rule, providers will soon say goodbye to the telehealth version of incident-to services and most audio-only telehealth services.

“Adjusting business models for compliance will be a little complicated,” said Ferrante. But he noted that CMS is not saying “no” forever to telehealth delivery of direct supervision: “CMS is concerned that widespread direct supervision by telehealth may not be safe in some situations. They are requesting more information and advocacy from stakeholders. Also, providers are permitted to do remote physiologic monitoring with general supervision, which means the physician does not have to be in the office suite,” he said.