On March 10, 2015, the Centers for Medicare & Medicaid Services (CMS) announced the “Next Generation” Medicare Accountable Care Organization (ACO) model, which builds on the Pioneer ACO Model and the Medicare Shared Savings Program.  In what some consider to be an indication of increasing openness to the expansion of telehealth, CMS will allow Next Generation ACOs to offer telehealth coverage beyond that permitted in traditional Medicare.

According to the Next Generation Request for Applications, CMS will “make available . . . a waiver” of the current rules that limit Medicare telehealth reimbursement to services provided to beneficiaries at designated, rural “originating sites,” such as a physician’s office or FQHC.  With the exception of a few carved out services, this would allow beneficiaries served by Next Generation ACOs to receive telehealth services from their homes and other locations, regardless of whether they are located in a rural area.  Telehealth services would have to be furnished in accordance with other Medicare payment and coverage criteria and CMS will not make available additional reimbursement to cover technology acquisition, set-up, training, or other expenses.  Additionally, Next Generation ACO applicants must describe how the increased telehealth flexibility will help them “to reduce total Medicare expenditures and improve care integration, quality assurance and patient safety.”

As we reported in a prior post, draft 21st Century CURES legislation circulated in January would also permit a waiver of geographic and originating site restrictions on telehealth more broadly under Medicare.

Photo of Paige Jennings Paige Jennings

Paige Jennings is an associate in Covington’s Washington office. She works with the firm’s Federal–State Programs, Health Care, Antitrust, and Litigation practice groups. Ms. Jennings joined the firm after a number of years working on health policy matters in the government and private…

Paige Jennings is an associate in Covington’s Washington office. She works with the firm’s Federal–State Programs, Health Care, Antitrust, and Litigation practice groups. Ms. Jennings joined the firm after a number of years working on health policy matters in the government and private sectors. Prior to earning her law degree and Master of Public Affairs, she worked in the U.S. Senate for over four years, advising Senators John Breaux and Tom Carper on health and social policy matters. Ms. Jennings later handled federal health policy issues at WellPoint, Inc. During law school, she worked with the U.S. Office of Management and Budget during consideration of the Affordable Care Act, and with the Federal Trade Commission for then-Chairman Jon Leibowitz.