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FCC Funding Opportunity for Telehealth Equipment – Portal Open

Client Alert

Telehealth is becoming a necessary practice for healthcare providers during the COVID-19 pandemic. However, not all providers have the means to institute a telehealth program. In order to help non-profit and public healthcare providers utilize telehealth, the Coronavirus Aid, Relief and Economic Security (CARES Act) set aside $200 million in funds for telehealth equipment, broadband connectivity, and information services. The FCC has recently released a guidance document that describes how eligible providers can apply for this “COVID-19 Telehealth Program” and the portal for applying will open today, April 13, 2020 at 12:00 PM ET.

Eligible providers include:

  • Post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
  • Community health centers or health centers providing health care to migrants;
  • Local health departments or agencies;
  • Community mental health centers;
  • Not-for-profit hospitals;
  • Rural health clinics;
  • Skilled nursing facilities; or
  • Consortia of health care providers consisting of one or more entities above.

These providers can apply for up to $1 million each to purchase “telecommunications, information services, and connected devices to provide connected care services in response to the coronavirus pandemic.” Applications will be accepted on a rolling basis so providers must apply for these funds as soon as they are available. The FCC has also indicated that it plans to target applicants serving high-risk and vulnerable patients, although the telehealth resources need not be directly related to treating COVID-19, and that applicants should indicate if they were under pre-existing strain (e.g., large underserved or low-income patient population; health care provider shortages; rural hospital closures; limited broadband access and/or Internet adoption). Other notable details of this funding opportunity include:

  • The requirement to conduct competitive bidding for covered purchases will be waived for covered purchases, although providers should be cost-conscious;
  • The standard prohibition on receiving gifts above nominal value will also be waived for items related to telehealth;
  • Providers may NOT receive these funds and other federal or state funds that cover the exact same services/devices;
  • Funding may NOT be used for health care provider administrative costs associated with participating in the COVID-19 telehealth Program (e.g., costs associated with completing COVID-19 Telehealth Program applications and other submissions) or other miscellaneous expenses (e.g., doctor and staff time spent on the COVID-19 Telehealth Program and outreach); and
  • Eligible providers who have purchased telecommunications and/or telemedicine equipment after March 13 can apply for funding support for those and any subsequent purchases.

The application is available starting April 13, 2020 at 12:00 PM ET. These funds are first-come, first-served so providers should follow the following steps to be sure they are ready to apply:

  • Obtain an eligibility determination from FCC to receive funds (if a provider does not have one already, they can file an FCC Form 460 with the Universal Service Administration Company at the same time they submit their application for the COVID-19 Telehealth Program);
  • Obtain an FCC Registration Number (FRN); and
  • Register with System for Award Management (will help the award be processed quickly but can be done concurrently with applying for the telehealth funds).

The FCC will make an online portal available for completing and submitting applications and requests for funding here. Applicants can also use this link to find a webinar on April 13, 2020 at 11:00 AM ET to assist interested parties in navigating the application portal and answering FAQs about the program. More information will be posted on the Commission’s Keep Americans Connected page.

If you have any questions about the COVID-19 Telehealth Program please reach out to a BMD healthcare attorney.


Supreme Court Issues Major False Claims Act Decision

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.