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Medicare Physician Fee Schedule for 2023: What Providers Need to Know

Hall Render

Medicare payment policy changes established under the CMS CY 2023 Medicare Physician Fee Schedule (“MPFS”) Final Rule , issued on November 1, 2022, become effective January 1, 2023. Below is a high-level summary of significant changes established for 2023. Telehealth Services. Evaluation and Management (E/M) Visits.

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Tele-Prescribing Flexibilities Extended Again in Second Temporary Rule

Healthcare Law Blog

As described in a previous update , the DEA proposed a rule in March 2023 to extend some flexibilities while making permanent certain scenarios in which a practitioner could prescribe controlled substances without a prior in-person evaluation.

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Interpreting The Confidentiality of Substance Use Disorder (SUD) Patient Records Law  (42 CFR Part 2) 

Total HIPAA

To ensure the protection of sensitive information related to Substance Use Disorder (SUD) patients, the US Department of Health and Human Services and The Substance Abuse and Mental Health Services Administration (HHS and SAMHSA) collaborated to create the HIPAA Drug and Alcohol Records Law, also known as 42 CFR Part 2.

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DEA & SAMHSA Issue Temporary Rule Extending COVID-19 Telemedicine Flexibilities for Controlled Substances Prescribing Beyond the Termination of COVID-19 PHE

Hall Render

Notably, the Temporary Rule, which can be accessed here , extends the COVID-19 PHE telemedicine flexibilities (hereinafter, “telemedicine flexibilities”) for six months following the end of the PHE (through November 11, 2023). Hall Render blog posts and articles are intended for informational purposes only.

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Interpreting The Confidentiality of Substance Use Disorder (SUD) Patient Records Law  (42 CFR Part 2) 

Total HIPAA

To ensure the protection of sensitive information related to Substance Use Disorder (SUD) patients, the US Department of Health and Human Services and The Substance Abuse and Mental Health Services Administration (HHS and SAMHSA) collaborated to create the HIPAA Drug and Alcohol Records Law, also known as 42 CFR Part 2.

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Payor-Led Initiatives to Strengthen Mental Health Resources

Healthcare Law Blog

7] In alignment with this initiative, the Centers for Medicare and Medicaid Services (CMS) has recently issued a proposed rule to streamline the prior authorization process, which would purportedly decrease processing times from twenty-one (21) to seven (7) days. Please refer to our blog for more information on the proposed rule.

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Key Healthcare Provisions of the Consolidated Appropriations Act, 2023

Healthcare Law Blog

On December 29, 2022 , President Biden signed the Consolidated Appropriations Act, 2023 (the “Act”). In addition to funding, the Act modifies certain telehealth provisions, expands and extends components of the Medicare and Medicaid programs, and supports initiatives within the behavioral health and substance use treatment spaces.