USA Trends and Developments Contributed by: Nadia de la Houssaye, Allison Bell, Emily Degan Vorhoff and Keiana Palmer, Jones Walker LLP
• There are no geographic restrictions for origi- nating sites for Medicare behavioural/mental telehealth services on a permanent basis. • Telehealth services can be provided by all eligible Medicare providers through 30 Sep- tember 2025. • Federally qualified health centres (FQHCs) and rural health clinics (RHCs) can serve as Medicare distant site providers for non- behavioural/mental telehealth services through 30 September 2025. • FQHCs and RHCs can permanently serve as a Medicare distant site provider for behav- ioural/mental telehealth services. • An in-person visit within six months of an initial Medicare behavioural/mental tel- ehealth service, and annually thereafter, is not required through 30 September 2025. For FQHCs and RHCs, the in-person visit require- ment for mental health services furnished via communication technology to beneficiaries in their homes is not required until 1 January 2026. • Behavioural/mental telehealth services in Medicare can be permanently delivered using audio-only communication platforms. • Non-behavioural/mental telehealth services in Medicare can be delivered using audio- only communication platforms through 30 September 2025. Interactive telecommunica- tions system may also permanently include two-way, real-time audio-only communication technology for any telehealth service fur- nished to a patient in their home if the distant site physician or practitioner is technically capable of using an interactive telecommuni- cations system but the patient is not capable of, or does not consent to, the use of video technology. • While the DEA has proposed new rules regarding remote prescribing, COVID-19 telemedicine flexibilities for the prescription of
controlled medications have been extended through 31 December 2025. The recent change in administration has brought renewed scrutiny to telehealth reimbursement policies, with a particular focus on cost contain- ment and fraud and abuse. This has created uncertainty for providers who made substantial investments in telehealth infrastructure based on pandemic-era policies that suggested a more permanent shift towards digital care delivery models. Additionally, the allocation of federal and state healthcare funding has come under increased scrutiny, with concerns that an excessive per- centage is being directed towards administra- tive functions rather than direct patient care. This administrative burden is particularly challenging for smaller practices and providers serving rural or underserved communities. Capital Flow and Innovation in Digital Health Technologies Although most of the pandemic-related eco- nomic challenges in the United States – labour shortages, supply chain disruptions, rising infla- tion and increased borrowing costs, among oth- ers – began to ease in 2024, the US economy is in a period of significant flux, based largely on the administration’s inconsistent implementation of tariffs (or threats thereof), uncoordinated fed- eral cost-cutting, and a highly public spat with the Federal Reserve over interest rates. Histori- cally, however, the healthcare industry and the digital health technology sector, in particular, have shown resilience despite fluctuating mar- ket conditions. Venture capital investment in digital health has become more selective but remains robust for solutions that demonstrate clear clinical value
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