Guidance for the Use of Telehealth in Hospice and PalliativeSUMMARY: The following is a synopsis of direction given by NHPCO after consulting with CMS and the HHS Office of Civil Rights, to provide clarity about telehealth in hospice and palliative care. Information includes what stays and what goes at the end of the COVID-19 PHE. Hospice Face-to-Face Encounters through Telehealth 1. How long can the hospice face-to-face telehealth flexibility be used?
2. What methods can be used for the hospice face-to-face encounter?
Use of Telehealth for Hospice Routine Home Care When can telehealth be used for hospice routine home care?
Telehealth Services Payable under the Physician Fee Schedule when Furnished via Telehealth It is likely that some services offered by palliative care providers will be covered as telehealth services. Providers should check the list of codes in the 2023 Physician Fee Schedule to determine how and how long services will be paid. We are grateful to Acevedo Consulting for preparing this list of services to determine their post public health emergency status as the PHE concludes on May 11, 2023.
Use of Non-Compliant Devices for Telehealth On April 21, 2020, the Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID–19 Nationwide Public Health Emergency Under this Notification, covered health care providers may use popular applications that allow for video chats, including Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, Zoom, or Skype, to provide telehealth without risk that the Office of Civil Rights (OCR) might seek to impose a penalty for noncompliance with the HIPAA Rules related to the good faith provision of telehealth during the COVID–19 nationwide public health emergency. Under this notification, however, Facebook Live, Twitch, TikTok, and similar video communication applications are public facing, and should not be used in the provision of telehealth by covered health care providers. The allowance to use non-HIPAA compliant devices is set to end at the end of the PHE on May 11, 2023. OCR’s FAQs on the topic indicate it will end with the PHE. See question #6. The specific provisions that apply to hospice and palliative care providers are still evolving. NHPCO expects that there will be additional clarification issued for some components of hospice flexibilities, so watch for additional updates. |