The federal public health emergency (PHE) due to the COVID-19 pandemic ended on May 11. Physicians and physician practices have become accustomed to many regulatory flexibilities over the last three years and should know how this will impact them and their patients.

On May 25, Grant Achenbach, JD, and Brandon Shirley, JD, attorneys with Krieg DeVault LLP, will host a live webinar regarding the end of the PHE and discuss what it means for physicians and physician practices in Indiana.
Achenbach and Shirley shared the following changes that physicians need to know NOW before the webinar:

Expiration of temporary licenses
In response to COVID-19, Indiana created a temporary services health care provider registry where out-of-state licensed providers could easily obtain an emergency temporary license to practice in Indiana. All emergency temporary licenses obtained through the registry expired on May 11. If you or your staff are utilizing this flexibility, the Indiana Professional Licensing Agency strongly recommends beginning an application for full licensure in Indiana 

Medicare remote evaluations, virtual check-ins, and e-visits
Medicare pays for e-visits, virtual check-in, and remote evaluations. Starting May 11, these services may only be provided to established patients. 

Stark (self-referral) Law flexibilities
The physician self-referral law (Stark Law) prohibits physicians from making referrals for designated health services to an entity with which he or she has a financial relationship unless an exception applies. During the pandemic, the Centers for Medicaid & Medicare Services (CMS) issued a blanket waiver of specific provisions of the Stark Laws, allowing for arrangements between providers related to COVID-19 that would be otherwise impermissible. These waivers expire at the end of the PHE, and providers must comply with all Stark Laws immediately. If you entered an arrangement with other providers or facilities utilizing these flexibilities during the COVID-19 pandemic, you should seek counsel to ensure compliance post-PHE. 

HIPAA waivers
The Office for Civil Rights announced that it will terminate its enforcement discretion policy effective May 11. This announcement impacts HIPAA privacy flexibilities relating to community-based testing sites, telehealth remote communications, disclosures by business associates for public health oversight activities pertaining to COVID-19, and online or web-based scheduling applications for COVID-19 vaccinations. 

The one-hour May 25 webinar will start at noon.
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