Photo of Adam Marks

Adam R. Marks focuses his practice on representing hospitals, health systems, and other health industry providers and investors in transactional matters, including mergers, acquisitions, affiliations and joint ventures. Adam also provides guidance to hospital, health system and physician clients on a wide range of regulatory matters such as physician contracting, compliance with Stark Law, licensure and accreditation, Medicare and Medicaid enrollment, and Health Insurance Portability and Accountability Act (HIPAA) compliance. He also counsels clients in various health information technology matters, including those related to software vendor contracting and negotiation. Read Adam Marks' full bio.

The Senate’s unanimous passage of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S.870) on September 26th is an encouraging step forward for modernizing telehealth access and reimbursement. The bipartisan, budget-neutral bill aims to improve health outcomes for Medicare beneficiaries living with chronic conditions and includes key provisions expanding access to telehealth. A summary of the key telehealth provisions under the CHRONIC Care Act can be found here.

The bill now moves to the House Subcommittee on Health and may be adopted in its current form or integrated into existing House bills. The House has already advanced three separate bills this year with telehealth provisions similar to those included in the CHRONIC Care Act: expanding telehealth services under Medicare Advantage (HR 3727), expanding telehealth for stroke patients (HR 1148), and expanding the use of telehealth to facilitate the use of home dialysis (HR 3178). With seemingly aligned goals between the two chambers, the House may accept the remaining provisions of the CHRONIC Care Act, or negotiate minor changes and incorporate the CHRONIC Care Act into another priority health care related bill, such as extending federal funding for the Children’s Health Insurance Program, as a vehicle for passage this calendar year.

The recent momentum of federal legislation focused on expanding telehealth services to Medicare beneficiaries signals Congress’ continued consideration of telehealth’s ability to improve patient health and lower the costs of health care delivery. In light of this increased legislative activity, health care providers, commercial payers and telehealth technology companies should be mindful of the following.

  • Consider developing or participating in studies designed to test the efficacy and efficiency (including costs) of telemedicine programs.
  • Continue exploring ways to tailor their care delivery and revenue models to provide telehealth services to Medicare beneficiaries.
  • Offer Center for Medicare and Medicaid Services (CMS) and MedPAC insights and guidance on ways to provide the Federal government agencies overseeing Medicare coverage and payment for telehealth services the best available industry information.
  • Focus operational goals to achieve cost and value goals that are of concern to the government.