Resources & Reports

Late last month, the Centers for Medicare and Medicaid Services (CMS) published final rules (CMS-2439-F) related to Medicaid and Children’s Health Insurance Program (CHIP) managed care.

A new study published in Health Affairs assesses the impact of telehealth health system use on Medicare utilization, spending, and quality. The focus of the findings on Medicare patients and data from 2019-2022 shows the impact of temporary federal telehealth policy expansions that were implemented in 2020 at the beginning of the Public Health Emergency (PHE) and are currently extended until December 31, 2024. Overall, the research found that health systems with higher telemedicine use had greater medication adherence rates and fewer emergency department visits, with a 2.2 percent increase in outpatient visits and a 1.6 percent increase in spending.

As the end-of-the-year expiration date (December 31, 2024) for current telehealth expansions at the federal Medicare level approaches, two additional hearings and meetings held earlier this month offer insight on how federal policymakers may be contemplating future Medicare telehealth policy. On April 10, 2024, the House Energy and Commerce (E&C) Health Subcommittee held a hearing to discuss “Legislative Proposals to Support Patient Access to Telehealth Services.” Additionally, on April 11, 2024, the Medicare Payment Advisory Commission (MedPAC) meeting reviewed telehealth utilization research and MedPAC Commissioners similarly discussed potential permanent telehealth policies. While there continues to be broad support of expanding telehealth access, both events highlighted some policy sticking points, such as concerns around continuing payment parity for all Medicare services.

In the January 23, 2024 edition of CCHP’s In Focus, we reported on a lawsuit filed late last year in the US District Court for New Jersey. The plaintiffs in Shannon MacDonald, MD, et al v. Otto Sabando claimed that New Jersey’s licensure restrictions on the use of telehealth are unconstitutional. Licensure of medical professionals, in this case physicians, is within the jurisdiction of states to decide and regulate. However, the MacDonald v. Sabando case is making the argument that New Jersey’s licensure laws violate the US Constitution as they infringe on basic civil rights everyone has and therefore should be struck down.