The federal authorities is requesting feedback on proposed steering for federally certified well being facilities (FQHCs) that present providers through telehealth. The steering communicates key standards for making certain providers delivered through telehealth stay throughout the well being middle’s Well being Assets and Providers Administration (HRSA)-approved scope of challenge, and due to this fact qualify for advantages equivalent to Federal Tort Claims Act (FTCA) protection, 340B low cost drug pricing, and enhanced Medicare and Medicaid reimbursement.
The proposed steering was issued for touch upon September 15, 2022 by HRSA, the part of the U.S. Division of Well being and Human Providers (DHHS) that oversees well being facilities. The steering applies to FQHCs that obtain federal grants beneath the Public Well being Service Act, in addition to FQHC look-alikes that meet HRSA necessities however don’t obtain federal grants. Feedback are due on or earlier than November 14, 2022.
Present Well being Heart Program Necessities Apply to Telehealth Providers
The proposed steering units forth HRSA’s view that telehealth is a way for delivering well being providers to sufferers utilizing telecommunications know-how or gear. As a result of telehealth just isn’t thought-about a sort of service, it doesn’t must be accredited by an FQHC’s HRSA challenge officer and listed on the Kind 5A. Nevertheless, the proposed steering emphasizes that every one current well being middle program necessities apply when providers are delivered through telehealth.
Lots of the necessities famous by the proposed steering might be carried out by way of applicable insurance policies and procedures. For instance, well being facilities utilizing telehealth should delineate key roles and duties for well being middle workers, such because the accountability for acquiring knowledgeable consent from sufferers to obtain providers by telehealth, and the accountability for informing sufferers of the flexibility to decide out of receiving providers through telehealth. Well being facilities should additionally guarantee they’ll invoice and apply sliding price reductions to sufferers receiving care through telehealth, and meet all related licensure and scope-of-practice guidelines.
Regulatory Limitations Pose Challenges for Offering Telehealth Providers to Geographically Distant Sufferers
The proposed steering clarifies that FQHCs should guarantee sufferers who obtain providers through telehealth have cheap entry to the well being middle’s full scope of providers for the telehealth care to fall throughout the HRSA-approved scope of challenge. This requirement doubtlessly will increase complexities for FQHCs occupied with delivering providers in geographic areas the place they don’t have a bodily presence.
Exacerbating this situation is the rule outlined within the proposed steering that telehealth providers will probably be thought-about inside an FQHC’s scope of challenge solely when delivered to sufferers who both have beforehand offered for care at a well being middle web site or fulfill an in depth set of standards, together with a requirement to be bodily positioned throughout the well being middle’s service space. This restriction sharply limits the flexibility of an FQHC to ship in-scope providers to a geographically distant affected person—even when the FQHC has particular experience in offering look after the actual affected person’s well being situation or neighborhood.
FQHCs Could Contract for Telehealth Providers
The proposed steering doesn’t expressly deal with contracting for telehealth providers, leaving HRSA’s unusual steering on FQHC contracting undisturbed. Partnering with an area well being middle could provide one viable various for a geographically distant FQHC to leverage its specialised experience to succeed in new sufferers through know-how with out dropping the advantages of FQHC standing.
In case you are occupied with submitting feedback on HRSA’s proposed steering for well being facilities delivering providers through telehealth, please attain out to the writer, your Foley relationship associate, or to our Well being Care Follow Group with any questions.
