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FCC Adds $198 Million to Strengthen Telehealth for Rural Healthcare Providers

Client Alert

The Federal Communications Commission (“FCC”) has added an additional $198 million in funding to its Rural Health Care Program. These funds will be used to increase broadband services and telecommunications to bolster telehealth/telemedicine services for rural healthcare providers. Funding for rural healthcare providers was initially capped at $605 million in 2020, but the added funds will now allow the FCC to provide over $800 million to eligible providers.

Telehealth, in direct response to the COVID-19 public health emergency, has undergone a massive expansion since March. Telehealth encounters are up exponentially as patients look for a safe, socially distant, option to receive health care services and providers try to keep vital hospital space available for COVID-19 care. Technical barriers, such as the lack of a strong broadband infrastructure, has limited the wide adoption of telehealth in rural areas. The FCC aims to combat the technical limitations, as this funding will help improve technology platforms and internet connectivity, so that patients have expanded access to affordable and efficient care. 

Eligible providers for the Rural Health Care Program include:

  1. post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
  2. community health centers or health centers providing health care to migrants;
  3. local health departments or agencies;
  4. community mental health centers;
  5. not-for-profit hospitals;
  6. rural health clinics;
  7. skilled nursing facilities; and
  8. a combination of health care providers consisting of one or more entities falling into the first seven categories.

Please contact your primary BMD Healthcare & Hospital Law Group attorney if you have any questions regarding the Rural Health Care Program, this additional funding and how to apply for the use of funds, or any other general healthcare questions.


Ohio Med Spas: Peptide Do's and Do Not's

Recent guidance from the Ohio Board of Pharmacy outlines key compliance requirements for med spas using peptides. While some peptide drugs are FDA approved, others are not or cannot be compounded. Med spa operators should ensure they source medications from licensed suppliers, avoid non-approved or “research use only” products, and follow all compounding and storage regulations to maintain compliance and avoid enforcement actions.

Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.