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Since the declaration of the public health emergency for the COVID-19 global pandemic (“PHE”), the Centers for Medicare & Medicaid Services (“CMS”) has published two Interim Final Rules, as well as certain waivers, that extensively modify coverage of telehealth services in the Medicare program. The Physician Fee Schedule (“PFS”) Proposed Rule for CY 2021, issued August 3, 2020 (the “PFS Proposed Rule”), seeks to make certain of these changes permanent. Also on August 3, 2020, President Trump issued an Executive Order requiring the Secretary of the Department of Health and Human Services, within 60 days, to review the temporary additional telehealth services offered to Medicare beneficiaries, and propose a regulation to extend these measures, as appropriate, beyond the duration of the PHE. Thus, additional CMS rulemaking may take place in the upcoming months. Continue
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At a time when society is grappling with critical issues of justice and equality, we are heartened by two significant U.S. Supreme Court decisions that have an enormous impact for members of our communities and our extended Ropes & Gray family.