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CMS Delays TJC Deadline To Comply With Existing Telemedicine Rules

Health Law Update Sarah E. Coyne, Kevin J. Eldridge

We recently told you about a Centers for Medicare and Medicaid Services ("CMS") proposal to change its rules, thereby allowing hospitals to privilege telemedicine providers by proxy. This proposal is described in our client update found here. CMS has now backed up this proposal by delaying its requirement that The Joint Commission implement the existing CMS rules (which would not allow privileging by proxy) by July 15, 2010. This mandated deadline was part of CMS' response to The Joint Commission's application to CMS for continued hospital deeming authority. That deadline has now been delayed until March 1, 2011. The Joint Commission had previously notified hospitals to ensure that their credentialing processes did not allow privileging by proxy no later than July 15 and recently notified hospitals that they no longer must meet this deadline, in light of the delay. After CMS finalizes the new proposed telemedicine rules, The Joint Commission is likely to adopt parallel standards.

You can find more about the delay in the June 9 issue of The Joint Commission Online.

If you have any questions about the new CMS proposal or any other health law issue, please contact Sarah Coyne at (608) 283-2435 /, Kevin Eldridge at (608) 283-2452 / or your Quarles & Brady attorney.