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As I pulled out my gardening tools yesterday, I reflected on the changes we have experienced since I bought them a year ago. I realized that through the fog of uncertainty we faced, we have emerged, one year later, with some significant certainties: science and medicine have once again proven to persevere; Dr. Fauci is even more of a hero today than he was 39 years ago while researching HIV/AIDS (and probably inspiring Princess Diana); and that the telemedicine industry will continue to grow during this COVID-19 era and its related regulatory waivers and notices will continue to expand.
As Dr. Fauci’s neighbor, I am happy to share news that the Biden Administration’s January 22nd message to Governors that “the [Public Health Emergency] will likely remain in place for the entirety of 2021” means the current notices and waivers issued by U.S. Department of Health & Human Services and Centers for Medicare & Medicaid Services will also likely remain in place and be built upon – until further notice, that is. When a decision to lift the Public Health Emergency is made, the Administration will issue a 60 day notice to terminate. At that time, we will probably also see significant and long-lasting changes in the continuing regulation of telemedicine as a result of these PHE waivers.
In the meantime, the U.S. Department of Health & Human Services and its affiliated agencies have issued and continue to issue new notices and waivers pertaining to telemedicine, including those announced in February. For a detailed understanding of the current waivers, notices, and policies issued by U.S. Department of Health and Human Services, CMS, and other agencies, join me for South Florida Hospital News’ Education Series Seminar on April 20, 2021 at noon. Register for the seminar “Legal Update: Telehealth and COVID-19” at https://healthcareattorney.net/events/.
