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CMS's Second Interim Final Rule Further Expands Telemedicine, Service Availability and Payment Flexibilities Related to the COVID-19 Pandemic

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CMS recently issued its second round of changes to the Medicare regulations in response to the COVID-19 Public Health Emergency (PHE). CMS published its first interim final rule with comment period addressing the PHE in the April 6, 2020 Federal Register, effective March 31, 2020 (March 31 IFC). For more information on this rule, please see our earlier article.

In this more recent interim final rule with comment period (IFC), the Secretary once again has made broad and substantial temporary changes to the Medicare rules to promote greater access to health care, protect patients and practitioners from infection, and provide for financial relief to providers, suppliers and practitioners. The rules implement the Secretary's efforts as well as implementing provisions of recent laws passed by Congress related to the PHE. 

While the rules are effective on May 8, 2020, the policies are applicable beginning on March 1, 2020, or January 27, 2020, except as further detailed in the Federal Register for certain provisions. Comments are due by July 7, 2020.

To enable providers and suppliers to navigate this complex set of changes, we have developed this Quick Reference Chart for the interim final rule. Please note this is a summary and readers interested in particular provisions should consult the rules directly for the details.

For any questions regarding the interim final rule or the Quick Reference Guide, please contact one of the authors or any of Baker Donelson's Health Law group. For additional information related to the PHE, please visit the Coronavirus (COVID-19): What you Need to Know resource page on our website.

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