Meeting the imminent challenges of virtual health services.

From compliance and contracts to cybersecurity concerns.

Telehealth has taken on an increasingly prominent role in care delivery across the health care spectrum in recent years, and particularly, since the onset of the COVID-19 pandemic. Telehealth is especially important for federally qualified health centers (FQHCs) to optimize their services because FQHCs serve as the primary care safety net in medically underserved areas where there are frequent shortages of health care providers that technology can help overcome. During the pandemic, FQHCs’ ability to adapt quickly to virtual modes of providing care has enabled FQHCs to maintain their standard of high-quality primary and preventive care, even during lockdowns and stay-at-home orders.

FTLF’s services in the area of telehealth and virtual care include advice on payment issues, privacy and security risks, professional liability concerns, and ongoing risk management. For FQHCs in particular, FTLF addresses concerns relating to telehealth and FTCA coverage (where applicable), permissible scopes of project under the Section 330 grant, and the use of federal funds on telehealth-related equipment.

In the realm of payment, we advise clients on the rules surrounding “distant site” and “originating site” telehealth payment and services under the Medicare Part B, as well as supporting them in expanding their telehealth offerings to include other types of virtual or remote care more recently recognized by Medicare, such as virtual communication services and chronic care management services. We also advise health care providers concerning federal Medicaid telehealth policy and states’ varying Medicaid telehealth rules. Our attorneys who focus on privacy and HIPAA compliance advise clients on telehealth issues in that domain. We also support health care clients in reviewing contracts with care management and telehealth vendors.

During a public health emergency, our attorneys closely track changes in federal law and policy, providing advice to clients on how they may most effectively expand telehealth services while ensuring compliance with applicable laws.

If you have questions, please contact us:

Carrie Riley | 202.600.3525 |

Susannah Vance Gopalan | 202.600.3537 |