Doctors May Face False Claims Act Risks Concerning Telehealth Services

Although Congress is currently considering legislation to permanently implement the temporary telehealth expansion waivers implemented in response to the COVID-19 public health emergency, providers should carefully monitor current federal and state telehealth requirements in the event that the telehealth waivers lapse before permanent changes are made. For Medicare beneficiaries, waivers eliminated the “originating site” requirement and permitted providers to waive or reduce copays for telehealth services. Continuing these practices after the waivers have lapsed could lead to allegations of false claims. Providers may expect to see increased federal enforcement action that attempts to rein in fraudulent activity that often accompanies emergency periods. More information on these risks can be found here.

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