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Promoting Telehealth for Low-Income Consumers; COVID-19 Telehealth Program (rule, 85 FR 19892, April 9, 2020)

Summary

A Report and Order from the Federal Communications Commission, published in the Federal Register on April 9, 2020 (Vol. 85, No. 69; WC Docket Nos. 18–213 and 20–89; FCC 20–44), establishing two programs. The COVID–19 Telehealth Program is designed to distribute the $200 million appropriated to the FCC under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The money is to help health care providers provide connected care services to patients at their homes or mobile locations during the pandemic. The Connected Care Pilot Program is designed to make available up to $100 million over three years from the Universal Service Fund to examine how the fund can support connected care for low-income consumers. The Report and Order is effective May 11, 2020, except for certain portions.

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Cite this document

“Promoting Telehealth for Low-Income Consumers; COVID-19 Telehealth Program (rule, 85 FR 19892, April 9, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/promoting-telehealth-for-low-income-consumers-covid-19-telehealth-prog-16b009d448/, SHA-256 42ccb7b91d0de4c1a7dc39dbe64dee46efca9247e004749211e536ced3d4ba2e.

Full text

                                             19892               Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations

                                             G. Executive Order 13045: Protection of                   Dated: March 17, 2020.                              OMB approval of the COVID–19
                                             Children From Environmental Health                      Alexandra Dapolito Dunn,                              Telehealth Program information
                                             Risks and Safety Risks                                  Assistant Administrator, Office of Chemical           collection requirements on April 6,
                                                                                                     Safety and Pollution Prevention.                      2020, and those requirements are
                                               This action is not subject to Executive                                                                     effective April 9, 2020. The Pilot
                                                                                                       Therefore, 40 CFR chapter I is
                                             Order 13045 (62 FR 19885, April 23,                                                                           Program requirements will not become
                                                                                                     amended as follows:
                                             1997), because this is not an                                                                                 effective until approved by OMB. The
                                             economically significant regulatory                     PART 711—[AMENDED]                                    Federal Communications Commission
                                             action as defined under Executive Order                                                                       will publish a document in the Federal
                                             12866, and it does not address                          ■ 1. The authority citation for part 711              Register announcing the effective date
                                             environmental health or safety risks                    continues to read as follows:                         of OMB approval of the Pilot Program
                                             disproportionately affecting children.                    Authority: 15 U.S.C. 2607(a).                       requirements.
                                             H. Executive Order 13211: Actions                       ■ 2. In § 711.20, revise the third                    FOR FURTHER INFORMATION CONTACT:
                                             Concerning Regulations That                             sentence to read as follows.                          Please email
                                             Significantly Affect Energy Supply,                                                                           EmergencyTelehealthSupport@fcc.gov
                                                                                                     § 711.20    When to report.                           with questions related to the COVID–19
                                             Distribution, or Use                                      * * * The 2020 CDR submission                       Telehealth Program, and
                                               This action is not subject to Executive               period is from June 1, 2020, to                       ConnCarePltProg@fcc.gov with
                                             Order 13211 (66 FR 28355, May 22,                       November 30, 2020. Subsequent                         questions related to the Pilot Program.
                                             2001), because this action is not                       recurring submission periods are from                 SUPPLEMENTARY INFORMATION: This is a
                                             expected to affect energy supply,                       June 1 to September 30 at 4-year                      summary of the Commission’s
                                             distribution, or use and because this                   intervals, beginning in 2024. * * *                   Promoting Telehealth for Low-Income
                                             action is not a significant regulatory                  [FR Doc. 2020–06074 Filed 4–8–20; 8:45 am]            Consumers; COVID–19 Telehealth
                                             action under Executive Order 12866.                     BILLING CODE 6560–50–P                                Program, Report and Order (R&O), in
                                                                                                                                                           WC Docket Nos. 18–213 and 20–89; FCC
                                             I. National Technology Transfer and                                                                           20–44, adopted March 31, 2020 and
                                             Advancement Act (NTTAA)                                 FEDERAL COMMUNICATIONS                                released April 2, 2020. Due to the
                                                                                                     COMMISSION                                            COVID–19 pandemic, the Commission’s
                                               Since this action does not involve any                                                                      headquarters will be closed to the
                                             technical standards, NTTAA section                      47 CFR Part 54                                        general public until further notice. The
                                             12(d), 15 U.S.C. 272 note, does not                                                                           full text of this document is available at
                                             apply to this action.                                   [WC Docket Nos. 18–213 and 20–89; FCC
                                                                                                     20–44; FRS 16647]                                     the following internet address: https://
                                             J. Executive Order 12898: Federal                                                                             docs.fcc.gov/public/attachments/FCC-
                                             Actions To Address Environmental                        Promoting Telehealth for Low-Income                   20-44A1.pdf.
                                             Justice in Minority Populations and                     Consumers; COVID–19 Telehealth                        I. Introduction
                                             Low-Income Populations                                  Program
                                                                                                                                                              1. The novel Coronavirus disease
                                                                                                     AGENCY: Federal Communications                        2019 (COVID–19) pandemic and
                                               This action does not entail special
                                                                                                     Commission.                                           associated respiratory illness have
                                             considerations of environmental justice
                                             related issues as delineated by                         ACTION: Final order; announcement of                  spread throughout the United States in
                                                                                                     effective date.                                       recent weeks. In response to this
                                             Executive Order 12898 (59 FR 7629,
                                                                                                                                                           pandemic, many health care providers
                                             February 16, 1994).                                     SUMMARY: In this document, the Federal                are expanding existing telehealth
                                             III. Congressional Review Act (CRA)                     Communications Commission                             services and implementing new
                                                                                                     (Commission) establishes two programs:                telehealth services, and the demand for
                                                This action is subject to the CRA, 5                 The COVID–19 Telehealth Program                       connected care services provided
                                             U.S.C. 801 et seq., and EPA will submit                 designed to distribute a $200 million                 directly to patients in their homes or
                                             a rule report to each House of the                      appropriation from Congress under the                 their mobile locations is skyrocketing.
                                             Congress and to the Comptroller General                 Coronavirus Aid, Relief, and Economic                 As a result, many health care providers
                                             of the United States. The CRA allows                    Security (CARES) Act, to help health                  are facing new challenges in technical
                                             the issuing agency to make a rule                       care providers provide connected care                 infrastructure and experiencing staffing
                                             effective sooner than otherwise                         services to patients at their homes or                issues. In response to the outbreak, on
                                             provided by the CRA if the agency                       mobile locations in response to the                   March 27, 2020, President Trump
                                             makes a good cause finding that notice                  novel Coronavirus 2019 disease                        signed the Coronavirus Aid, Relief, and
                                             and comment rulemaking procedures                       (COVID–19) pandemic, and the                          Economic Security (CARES), Act into
                                                                                                     Connected Care Pilot Program (Pilot                   law, Public Law 116–136, 134 Stat. 281
                                             are impracticable, unnecessary or
                                                                                                     Program) designed to make available up                (2020), providing, among a panoply of
                                             contrary to the public interest (5 U.S.C.
                                                                                                     to $100 million over three years to                   other actions, $200 million to the FCC
                                             808(2)). The EPA has made a good cause                  examine how the Universal Service
                                             finding for this rule as discussed in Unit                                                                    to support health care providers in the
                                                                                                     Fund can help support the trend                       fight against the ongoing pandemic.
                                             I.C., including the basis for that finding.             towards connected care services to                       2. In the R&O, to effectuate Congress’




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                                             List of Subjects in 40 CFR Part 711                     consumers, particularly for low-income                intent in enacting the CARES Act, the
                                                                                                     Americans and veterans.                               Commission establishes a $200 million
                                               Environmental protection, Chemicals,                  DATES: The Report and Order is effective              emergency COVID–19 Telehealth
                                             Confidential Business Information (CBI),                May 11, 2020, except for the                          Program to implement the CARES Act
                                             Hazardous materials, Importer,                          information collections requiring Office              and ensure access to connected care
                                             Manufacturer, Reporting and                             of Management and Budget (OMB)                        services and devices in response to the
                                             recordkeeping requirements.                             approval. The Commission received                     ongoing COVID–19 pandemic and surge


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                         19893

                                             in demand for connected care services.                  related to the COVID–19 pandemic, the                 rolling basis, and continue reviewing
                                             The support provided through the                        COVID–19 Telehealth Program will be                   additional applications and selecting
                                             COVID–19 Telehealth Program will help                   open to eligible health care providers,               participants until it has committed all
                                             eligible health care providers purchase                 whether located in rural or non-rural                 COVID–19 Telehealth Program funding
                                             telecommunications services,                            areas, and will provide eligible health               or the current pandemic has ended. In
                                             information services, and devices                       care providers support to purchase                    reviewing applications, the Commission
                                             necessary to provide critical connected                 telecommunications, information                       has a strong interest in targeting funding
                                             care services, whether for treatment of                 services, and connected devices to                    towards areas that have been hardest hit
                                             coronavirus or other health conditions                  provide connected care services in                    by COVID–19. In addition, given the
                                             during the coronavirus pandemic. The                    response to the coronavirus pandemic.                 public health emergency and
                                             COVID–19 Telehealth Program is                          The COVID–19 Telehealth Program will                  widespread scope of the coronavirus
                                             funded through a $200 million                           only fund monitoring devices (e.g.,                   pandemic, unlike the broader Pilot
                                             appropriation signed into law as part of                pulse-ox, BP monitoring devices), that                Program, the Commission will not target
                                             the CARES Act, and the program will                     are themselves connected. The COVID–                  COVID–19 Telehealth Program funding
                                             not rely on Universal Service Fund                      19 Telehealth Program will not fund                   toward specific medical conditions,
                                             (USF or Fund) support. The                              unconnected devices that patients can                 patient populations, or geographic areas.
                                             Commission also establishes a longer-                   use at home and then share the results                However, the Commission strongly
                                             term Connected Care Pilot Program                       with their medical professional                       encourages selected applicants to target
                                             (Pilot Program) within the Universal                    remotely.                                             the funding they receive through the
                                             Service Fund that will make available                      4. The COVID–19 Telehealth Program                 COVID–19 Telehealth Program to high-
                                             up to $100 million over three years to                  will provide selected applicants full                 risk and vulnerable patients to the
                                             examine how the Fund can help support                   funding for eligible services and                     extent practicable. The Commission
                                             the trend towards connected care                        devices. The COVID–19 Telehealth                      recognizes that some health care
                                             services, particularly for low-income                   Program has a congressionally                         providers may have been under pre-
                                             Americans and veterans. The Pilot                       appropriated $200 million budget, and                 existing strain (e.g., large underserved or
                                             Program will help defray eligible health                these funds will be available until they              low-income patient population; health
                                             care providers’ costs of providing                      are expended or until the current                     care provider shortages; rural hospital
                                             connected care services, with a                         pandemic has ended. In order to ensure                closures; limited broadband access and/
                                             particular emphasis on supporting these                 as many applicants as possible receive                or internet adoption) and encourage
                                             services for eligible low-income                        available funding, the Commission does                applicants to document such factors in
                                             Americans and veterans. The                             not anticipate awarding more than $1                  their applications. While health care
                                             Commission expects that the Pilot                       million to any single applicant. The                  providers may use the COVID–19
                                             Program will benefit many low-income                    Commission will award support to                      Telehealth Program to treat patients that
                                             and veteran patients who are                            eligible applicants based on the                      have COVID–19, the program is not
                                             responding to a wide variety of health                  estimated costs of the supported                      limited to treating those types of
                                             challenges such as diabetes                             services and connected devices they                   patients as long as program funds are
                                             management, opioid dependency, high-                    intend to purchase, as described in each              used ‘‘to prevent, prepare for, and
                                             risk pregnancies, pediatric heart disease,              health care provider’s respective                     respond to coronavirus.’’ For instance,
                                             mental health conditions, and cancer.                   application. However, in order to give                treating other types of conditions or
                                             The Commission also expects that the                    each health care provider maximum
                                                                                                                                                           patient groups through the
                                             Pilot Program will provide meaningful                   flexibility to respond to changing
                                                                                                                                                           Commission’s COVID–19 Telehealth
                                             data that will help to better understand                circumstances during the pandemic, the
                                                                                                                                                           Program could free up resources,
                                             how universal service funds can support                 Commission does not require applicants
                                                                                                                                                           including physical space and equipment
                                             health care provider and patient use of                 to purchase only the services and
                                                                                                                                                           in a brick-and-mortar health care
                                             connected care services, and how                        connected devices identified in their
                                                                                                                                                           facility, allow health care providers to
                                             supporting health care provider and                     applications. They may rather use
                                                                                                                                                           remotely treat patients with other
                                             patient use of connected care services                  awarded support to purchase any
                                                                                                                                                           conditions who could risk contracting
                                             can improve health outcomes and                         necessary eligible services and
                                                                                                                                                           coronavirus by visiting a health care
                                             reduce health care costs. The                           connected devices. In addition,
                                                                                                     applicants that have exhausted initially              facility, and could reduce health care
                                             Commission anticipates that the data
                                                                                                     awarded funding may request additional                professionals’ unnecessary exposure to
                                             and information collected through the
                                                                                                     support.                                              coronavirus. The Commission will also
                                             Pilot Program could also have the
                                                                                                        5. Application, Evaluation, and                    consider as part of a health care
                                             ancillary benefit of aiding policy makers
                                                                                                     Selection Process. Because of the                     provider’s application a showing that
                                             and legislators in the consideration of
                                                                                                     urgency attendant in combating the                    telemedicine directly aids in the
                                             broader reforms—such as statutory
                                                                                                     COVID–19 outbreak, the Commission                     prevention of pandemic spread by
                                             changes or updates to rules
                                             administered by other agencies—that                     establishes a streamlined application                 facilitating social distancing and similar
                                             could support this trend towards                        process for the COVID–19 Telehealth                   measures in the community. Connected
                                             connected care.                                         Program, separate from the longer                     devices and services like patient-
                                                                                                     application process adopted for the                   reported outcome platforms funded
                                             II. COVID–19 Telehealth Program                         broader Pilot Program. The Commission                 through the COVID–19 Telehealth
                                                3. The COVID–19 Telehealth Program                   directs the Wireline Competition Bureau               Program must be integral to patient care.




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                                             is one piece of a comprehensive                         (Bureau) to review the applications, in                  6. Eligible Health Care Providers.
                                             approach to reducing barriers to                        consultation with the FCC’s                           Consistent with the 1996 Act and the
                                             telehealth services for health care                     Connect2Health Task Force and its                     CARES Act, the Commission limits the
                                             providers and their patients throughout                 medical and public health experts, and                program to nonprofit and public eligible
                                             the country in response to the COVID–                   announce selected participants and                    health care providers that fall within the
                                             19 pandemic. Working in step with                       funding amounts for each selected                     categories of health care providers in
                                             other federal efforts to provide relief                 applicant as rapidly as possible on a                 section 254(h)(7)(B) of the 1996 Act: (1)


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                                             19894               Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations

                                             Post-secondary educational institutions                 COVID–19 has impacted your area, your                 modified in connection with the
                                             offering health care instruction, teaching              patient population, and the approximate               COVID–19 pandemic. Further,
                                             hospitals, and medical schools; (2)                     number of patients that could be treated              applicants will also be required to
                                             community health centers or health                      by the health care provider’s connected               certify that they are not already
                                             centers providing health care to                        care services during the COVID–19                     receiving or expecting to receive other
                                             migrants; (3) local health departments or               pandemic. If you intend to use the                    federal or state funding for the exact
                                             agencies; (4) community mental health                   COVID–19 Telehealth Program funding                   same services or devices for which they
                                             centers; (5) not-for-profit hospitals; (6)              to treat patients without COVID–19,                   are requesting support under the
                                             rural health clinics; (7) skilled nursing               describe how this would free up your                  COVID–19 Telehealth Program.
                                             facilities; or (8) consortia of health care             resources that will be used to treat                    10. The Wireline Bureau will issue a
                                             providers consisting of one or more                     COVID–19 and/or how this would                        public notice announcing the date when
                                             entities falling into the first seven                   otherwise prevent, prepare for, or                    COVID–19 Telehealth Program
                                             categories. The Commission has more                     respond to the disease by, for example,               applications will be accepted and
                                             than two decades of experience                          facilitating social distancing.                       instructions for filing applications with
                                             administering its RHC Program for these                    • Description of the estimated                     the Commission. This date will be after
                                             types of health care providers, and                     number of patients to be treated.                     April 9, 2020. Applicants will be
                                             limiting the COVID–19 Telehealth                           • Description of the                               required to complete each section of the
                                             Program to public and nonprofit health                  telecommunications services,                          application and make the required
                                             care providers that fall within these                   information services, or ‘‘devices                    certifications at the end of the
                                             statutory categories is in the public                   necessary to enable the provision of                  application. Applicants may request
                                             interest because it will facilitate the                 telehealth services’’ requested, the total            that any materials or information
                                             administration of the program and                       amount of funding requested, as well as               submitted to the Commission in its
                                             ensure that funding is targeted to health               the total monthly amount of funding                   application be withheld from public
                                             care providers that are likely to be most               requested for each eligible item. If                  inspection pursuant to the procedures
                                             in need of funding to respond to this                   requesting funding for devices,                       set forth in section 0.459 of the
                                             pandemic while helping ensure that                      description of all types of devices for               Commission’s rules.
                                             funding is used for its intended                        which funding is requested, how the                     11. Instructions for Filing
                                             purposes.                                               devices are integral to patient care, and             Applications. COVID–19 Telehealth
                                                7. Interested health care providers                  whether the devices are for patient use               Program applications must reference
                                             that do not already have an eligibility                 or for the health care provider’s use. As             WC Docket No. 20–89, and must be filed
                                             determination can obtain one by filing                  noted in the document, monitoring                     electronically consistent with the
                                             an FCC Form 460 with the Universal                      devices (e.g. pulse-ox, BP monitoring                 instructions provided in a subsequent
                                             Service Administrative Company                          devices) will only be funded if they are              public notice. All filings must be
                                             (USAC). The Commission directs USAC                     themselves connected.                                 addressed to the Commission’s
                                             to review and process eligibility forms                    • Supporting documentation for the                 Secretary, Office of the Secretary,
                                             for health care providers interested in                 costs indicated in their application,                 Federal Communications Commission.
                                             participating in the COVID–19                           such as a vendor or service provider                  Applicants must also send a courtesy
                                             Telehealth Program as expeditiously as                  quote, invoice, or similar information.               copy of their application via email to
                                             possible. Health care providers that are                   • A timeline for deployment of the                 EmergencyTelehealthSupport@fcc.gov.
                                             interested in the COVID–19 Telehealth                   proposed service(s) and a summary of                    12. Evaluation of Applications and
                                             Program, but do not yet have an                         the factors the applicant intends to track            Selection Process. The Bureau, in
                                             eligibility determination from USAC,                    that can help measure the real impact of              consultation with the FCC’s
                                             can still submit applications for the                   supported services and devices.                       Connect2Health Task Force, will
                                             COVID–19 Telehealth Program while                          9. Additionally, COVID–19 Telehealth               evaluate the COVID–19 Telehealth
                                             their FCC Form 460 is pending.                          Program applicants will also be                       Program applications and will select
                                                8. Application Process. To be                        required, at the time of submission of                participants based on applicants’
                                             considered for participation in the                     their application, to certify, among other            responses to the criteria listed in the
                                             COVID–19 Telehealth Program,                            things, that they will comply with the                document. The Commission’s goal is to
                                             interested eligible health care providers               Health Insurance Portability and                      select applications that target areas that
                                             must submit applications that, at a                     Accountability Act (HIPAA) and other                  have been hardest hit by COVID–19 and
                                             minimum, contain the information                        applicable privacy and reimbursement                  where the support will have the most
                                             detailed in the following.                              laws and regulations, and applicable                  impact on addressing the health care
                                                • Names, addresses, county, and                      medical licensing laws and regulations,               needs. In selecting applicants, the
                                             health care provider numbers (if                        as waived or modified in connection                   Commission directs the Bureau to
                                             available), for health care providers                   with the COVID–19 pandemic, as well                   consider the funding sought by each
                                             seeking funding through the COVID–19                    as all applicable COVID–19 Telehealth                 applicant compared to the total COVID–
                                             Telehealth Program application and the                  Program requirements and procedures,                  19 Telehealth Program budget. This
                                             lead health care provider for                           including the requirement to retain                   does not mean that the Bureau will
                                             applications involving multiple health                  records to demonstrate compliance with                evaluate applications based solely on
                                             care providers.                                         the COVID–19 Telehealth Program                       requested funding, but the Bureau will
                                                • Contact information for the                        requirements and procedures for three                 seek to select as many applicants as
                                             individual that will be responsible for                 years following the last date of service,             reasonably possible within the COVID–




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                                             the application (telephone number,                      subject to audit. Health care providers               19 Telehealth Program’s limited budget.
                                             mailing address, and email address).                    that participate in the COVID–19                      Upon selection, the Bureau will provide
                                                • Description of the anticipated                     Telehealth Program must also comply                   additional guidance to program
                                             connected care services to be provided,                 with all applicable federal and state                 participants, as necessary, to facilitate
                                             the conditions to be treated, and the                   laws, including the False Claims Act,                 the implementation of the COVID–19
                                             goals and objectives. This should                       the Anti-Kickback Statute, and the Civil              Telehealth Program. Applicants who are
                                             include a brief description of how                      Monetary Penalties Law, as waived or                  selected for the COVID–19 Telehealth


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                        19895

                                             Program may later submit applications                   are prohibited from selling, reselling, or            Telehealth Program and must provide
                                             to participate in the broader Pilot                     transferring services or devices funded               documentation related to their
                                             Program but may not request funding                     through the COVID–19 Telehealth                       participation in the COVID–19
                                             for the same exact services from both                   Program in consideration for money or                 Telehealth Program in connection with
                                             programs at the same time.                              any other thing of value.                             any such audit.
                                                13. Requesting Funding, Invoicing,                      15. Procurement for COVID–19                          17. Outreach for COVID–19
                                             and Disbursements. The Commission                       Telehealth Program-Supported Services                 Telehealth Program. Upon release of the
                                             directs the Bureau and the Office of the                and Equipment, and Document                           R&O, in order to ensure that health care
                                             Managing Director (OMD) to develop                      Retention. The COVID–19 Telehealth                    providers are aware of available funding
                                             processes for selected applicants to                    Program is funded through a                           under the COVID–19 Telehealth
                                             submit invoices and receive                             congressional appropriation and not the               Program, the Commission will, to the
                                             reimbursements for services and devices                 USF. Given the immediate need to                      extent possible, coordinate with other
                                             supported through the COVID–19                          award and disburse the COVID–19                       federal agencies to distribute
                                             Telehealth Program, and any necessary                   Telehealth Program funding to health                  information about the program to the
                                             subsequent filings. The Commission                      care providers, the Commission will not               health care community. The
                                             also directs OMD and the Bureau to                      require COVID–19 Telehealth Program                   Commission also directs the Bureau to
                                             include in the application forms or                     participants to conduct a competitive                 coordinate with the FCC’s
                                             subsequent filings by program                           bidding process to solicit and select                 Connect2Health Task Force and USAC
                                             participants any information necessary                  eligible services or devices, or otherwise            as necessary to promote and announce
                                             to satisfy the Commission’s oversight                   comply with the competitive bidding                   the COVID–19 Telehealth Program to
                                             responsibilities and/or agency specific/                requirements that apply to the RHC                    interested stakeholders including
                                             government-wide reporting obligations                   Program and the broader Pilot Program.                service providers and health care
                                             associated with the $200 million                        The Commission finds that, in light of                providers. The Commission is
                                             appropriation by Congress. After                        the coronavirus pandemic and ongoing                  committed to addressing the needs of
                                             receiving the eligible services and/or                  community efforts to slow its spread,                 health care providers as demand for
                                             equipment, health care provider will                    requiring COVID–19 Telehealth Program                 connected care services increases to
                                             submit invoicing forms on a monthly                     participants to seek competitive bids                 address the coronavirus pandemic. Such
                                             basis and supporting documentation to                   prior to requesting funding would cause               coordination and outreach will improve
                                             the Commission to receive                               unnecessary delays and pose an                        the overall efficacy of the COVID–19
                                             reimbursement for the cost of the                       unreasonable burden on health care                    Telehealth Program.
                                             eligible services and/or devices they                   providers during this unprecedented                      18. Post-Program Feedback. Within
                                             have received from their applicable                     time. The Commission also finds that it               six months after the conclusion of the
                                             service providers or vendors under the                  would not be in the public interest                   COVID–19 Telehealth Program, COVID–
                                             COVID–19 Telehealth Program. The                        during this national health crisis to                 19 Telehealth Program participants
                                             Bureau and OMD shall develop a                          prohibit participating health care                    should provide a report to the
                                             process for reviewing the monthly                       providers from receiving gifts or things              Commission in a format to be
                                             invoicing forms and supporting                          of value from service providers valued                determined by the Bureau on the
                                             documentation and for issuing                           at over $20, including, but not limited               effectiveness of the COVID–19
                                             disbursements directly to the                           to devices, equipment, free upgrades or               Telehealth Program funding on health
                                             participating health care providers                     other items.                                          outcomes, patient treatment, health care
                                             rather than to the applicable service                      16. While the Commission will not                  facility administration, and any other
                                             providers or vendors. COVID–19                          require health care providers to conduct              relevant aspects of the pandemic. Such
                                             Telehealth Program health care provider                 a competitive procurement process to                  information could include feedback on
                                             participants will be required to make                   receive COVID–19 Telehealth Program                   the application and invoicing processes,
                                             certifications as part of the invoicing                 funding, the Commission strongly                      in what ways funding was helpful in
                                             form submission to ensure that COVID–                   encourages applicants to purchase cost-               providing or expending telehealth
                                             19 Telehealth Program funds are used                    effective eligible services and devices to            services, including anonymized patient
                                             for their intended purpose.                             the extent practicable during this time.              accounts, how funding promoted
                                                14. The COVID–19 Telehealth                          The Commission also emphasizes that                   innovation and improved health
                                             Program will not provide funding for                    health care providers and service                     outcomes, and other areas for
                                             health care provider administrative                     providers must comply with the                        improvement. Specific information
                                             costs associated with participating in                  requirements applicable to the COVID–                 about how to provide feedback and
                                             the COVID–19 Telehealth Program (e.g.,                  19 Telehealth Program. To help guard                  associated deadlines will be provided to
                                             costs associated with completing                        against potential waste, fraud, and                   COVID–19 Telehealth Program
                                             COVID–19 Telehealth Program                             abuse, participants in the COVID–19                   participants at a later time. This
                                             applications and other submissions) or                  Telehealth Program must maintain                      information will assist efforts to respond
                                             other miscellaneous expenses (e.g.,                     records related to their participation in             to pandemics and other national
                                             doctor and staff time spent on the                      the COVID–19 Telehealth Program to                    emergencies in the future.
                                             COVID–19 Telehealth Program and                         demonstrate their compliance with the
                                             outreach). The Commission emphasizes                    program requirements for at least three               III. Connected Care Pilot Program
                                             that COVID–19 Telehealth Program                        years from the last date of service under                19. The Pilot Program will make
                                             funds may only be used for services and                 the program and must present that                     available up to $100 million over a




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                                             devices covered under the CARES Act.                    information to the Commission or its                  three-year funding period, separate from
                                             The costs of ineligible items must not be               delegates upon request. Health care                   the budgets of the existing universal
                                             included in the reimbursement requests                  providers participating in the COVID–19               service programs, to cover 85% of the
                                             for the COVID–19 Telehealth Program.                    Telehealth Program may also be subject                eligible costs of broadband connectivity,
                                             To guard against potential waste, fraud,                to compliance audits in order to ensure               network equipment, and information
                                             and abuse, the Commission makes clear                   compliance with the rules and                         services necessary to provide connected
                                             that participating health care providers                requirements for the COVID–19                         care services to the intended patient


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                                             population. All eligible nonprofit and                  Pilot Program funding on these                           24. Discount Level. The Pilot Program
                                             public health care providers that fall                  conditions identified best ensures that               will provide universal service support
                                             within the statutory categories under                   limited Pilot Program resources are                   for 85% of the cost of eligible services
                                             section 254(h)(7)(B), regardless of                     targeted to populations that are most in              and equipment. This support amount
                                             whether they are non-rural or rural, can                need. Moreover, targeting these types of              will allow for funding of a sufficient
                                             apply for the Pilot Program. Eligible                   health conditions, which impact large                 number of pilot projects to provide
                                             health care providers must first submit                 segments of the population, and often                 meaningful data and provide substantial
                                             applications to the Commission, and                     require several months or more of                     financial incentive for health care
                                             after review, the Commission will                       treatment, or are public health crises                providers to participate in the Pilot
                                             announce the selected projects and                      will provide more meaningful data to                  Program. Consistent with the
                                             provide further information on                          track progress towards the Pilot Program              Commission’s existing rules for the
                                             additional requirements for the Pilot                   goals of helping health care providers to             Healthcare Connect Fund Program,
                                             Program.                                                improve health outcomes and reduce                    health care providers must contribute
                                                20. For purposes of the Pilot Program,               costs, and will also promote the                      their portion of the eligible costs from
                                             the Commission considers ‘‘connected                    efficient, fiscally responsible use of                eligible sources (e.g., the applicant,
                                             care’’ as a subset of telehealth that uses              universal service funds.                              eligible health care provider,
                                             broadband internet access service-                         22. Budget Number of Pilot Projects                participating patients, or state, federal,
                                             enabled technologies to deliver directly                and Support Amount Per Project,                       or Tribal funding or grants) and cannot
                                             to patients’ remote medical, diagnostic,                Funding Duration, and Discount Level.                 use ineligible sources (e.g., direct
                                             and treatment-related services outside of               The Pilot Program will make available                 payments from vendors or service
                                             traditional brick and mortar medical                    up to $100 million over three years for               providers) to pay their share of the
                                             facilities—specifically to patients at                  selected pilot projects. Targeting this               requested services.
                                             their mobile location or residence. For                 amount of funding for qualifying                         25. Number of Pilot Projects and
                                             purposes of the Pilot Program, the                      eligible services and equipment under                 Support Amount Per Project. Based on
                                             Commission also defines ‘‘telehealth’’ as               the Pilot Program is sufficient to obtain             the record, the Commission declines to
                                             the broad range of health care-related                  meaningful data and ensure significant                set a limit on the number of pilot
                                             applications that depend upon                           interest from a wide range of                         projects selected for the Pilot Program or
                                             broadband connectivity, including                       participants. Funding the Pilot Program               the amount of support requested per
                                             telemedicine; exchange of electronic                    in this manner will not significantly                 pilot project. Setting a fixed number of
                                             health records; collection of data                      increase the contributions burden on                  pilot projects or a fixed amount per-
                                             through Health Information Exchanges                    consumers and will not impact the                     project will artificially limit the number
                                             and other entities; exchange of large                   budgets of, or disbursements for, the                 of pilot projects to be funded even
                                             image files (e.g., X-ray, MRIs, and CAT                 other existing universal service                      before pilot project proposals are
                                             scans); and the use of real-time and                    programs.                                             submitted and evaluated, and will not
                                             delayed video conferencing for a wide                      23. To secure the funds for the Pilot              provide enough flexibility to select a
                                             range of telemedicine, consultation,                    Program, the Commission directs USAC                  diverse group of pilot projects. The
                                             training, and other health care purposes.               to separately collect funds for the Pilot             Commission does not anticipate
                                             Connected care services can be provided                 Program each quarter beginning with                   allocating all of the Pilot Program funds
                                             by doctors, nurses, or other health care                the demand filing for the fourth quarter              on one or two large projects. In
                                             professionals. Health care providers will               of 2020. USAC should collect necessary                reviewing pilot project applications, the
                                             have the flexibility to identify the                    funds up to the amount of the budget                  Commission will be mindful of the
                                             medical conditions to be treated through                over the entire three-year period in                  reasonableness of the estimated total
                                             their proposed pilot projects, and                      order to minimize any impact on the                   support amount indicated in each
                                             whether to treat a single medical                       contribution factor. The Commission                   application, looking specifically at the
                                             condition or multiple medical                           anticipates the collection schedule                   proportion to the total Pilot Program
                                             conditions. For purposes of the Pilot                   would increase the quarterly                          budget and individual project size, to
                                             Program, the Commission uses the U.S.                   contribution factor by approximately                  provide sufficient funding to enough
                                             Department of Health and Human                          0.11%. Moreover, by starting the                      projects to generate meaningful data.
                                             Services’ definition of ‘‘medical                       collection before selecting the pilot                    26. Duration. The Pilot Program will
                                             condition’’ to identify the types of                    projects, USAC will have funding on                   provide selected pilot projects support
                                             health conditions that can be treated                   hand as soon as the pilot projects begin              for a three-year funding period with
                                             through the Pilot—‘‘any condition,                      to seek support. Requests for funding                 separate transition periods of up to six
                                             whether physical or mental, including                   may vary year to year and therefore Pilot             months before and after the three-year
                                             but not limited to any condition                        Program funding may not be distributed                funding period. Specifically, selected
                                             resulting from illness, injury (whether                 evenly each year. While anticipating                  pilot participants will have up to six
                                             or not the injury is accidental),                       significant participation in the Pilot                months from the date of their initial
                                             pregnancy, or congenital malformation.’’                Program, total amount disbursed will                  funding commitment letter from USAC
                                                21. In reviewing applications, the                   depend upon those funds ultimately                    to organize and start their pilot projects
                                             Commission is interested in targeting                   committed by USAC, invoiced, and                      (including, but not limited to procuring
                                             limited Pilot Program funding towards                   disbursed. Unused collected Pilot                     eligible services or network equipment),
                                             pilot projects that are primarily focused               Program funds will be carried forward                 and up to six months after the funding
                                             on treating public health epidemics,                    to subsequent quarters over the duration              end date on their final funding




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                                             opioid dependency, mental health                        of the Pilot Program for use by pilot                 commitment letters to wind down their
                                             conditions, high-risk pregnancy, or                     projects and need not be returned to                  pilot projects and complete any
                                             chronic or recurring conditions that                    offset future collections. Any unused                 necessary administrative tasks.
                                             typically require at least several months               funds that remain at the end of the Pilot             Providing a ramp up period of up to six
                                             to treat, including, but not limited to,                Program will be used to reduce                        months will allow sufficient time for
                                             diabetes, cancer, kidney disease, heart                 collections for the ongoing universal                 health care providers to implement pilot
                                             disease, and stroke recovery. Focusing                  service programs.                                     project plans and begin offering


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                        19897

                                             connected care services. Extending the                  care provider, government agency, or                  appropriately targeting the population
                                             Pilot Program for too long risks stale                  designated telehealth resource center                 of patients that the Commission intends
                                             data, and therefore providing selected                  with such experience that will work                   to primarily benefit from connected care
                                             pilot projects up to six months to ramp                 with the health care provider to                      services through the Pilot Program.
                                             and up to six months to wind down to                    implement its proposed pilot project.                    32. Health care providers may
                                             ensure a reasonable timeframe to obtain                 These types of health care providers are              determine whether a patient qualifies as
                                             meaningful, current data. There may be                  more likely to submit pilot projects that             a veteran for purposes of the Pilot
                                             unforeseen circumstances that arise                     can be successfully implemented within                Program by confirming that the patient
                                             when implementing or operating the                      the three-year period and better enable               qualifies for health care through the VA.
                                             pilot projects, and therefore the Bureau                the Commission to collect meaningful                  The Commission declines to apply an
                                             is delegated authority to grant limited                 data on the impact of the Pilot Program.              income limit to veterans. While certain
                                             extensions of deadlines in order to                     At the same time, this approach also                  veterans who are eligible for health care
                                             ensure the successful operation of the                  provides a path for eligible health care              through the VA undergo means testing
                                             Pilot Program.                                          providers that lack telehealth                        when enrolling for VA health care, other
                                                27. Eligible Health Care Providers,                  experience, many of which may serve                   veterans (e.g., those with service-
                                             Patients, and Service Providers. The                    high percentages of veterans and low-                 connected disabilities) may not be
                                             Commission establishes the Pilot                        income patient populations, to                        required to undergo means testing. The
                                             Program pursuant to the legal authority                 participate in the Pilot Program.                     Commission believes that veterans,
                                             under section 254(h)(2)(A), which                          30. Targeted Patient Populations. The              regardless of income level, who are
                                             directs the Commission to establish                     Commission has a strong preference for                eligible for health care through the VA
                                             competitively neutral rules to enhance,                 pilot projects that can demonstrate that              are an important population to include
                                             to the extent technically feasible and                  they will primarily benefit veterans or               in the Pilot Program. As reported in the
                                             economically reasonable, access to                      low-income individuals. Veteran and                   Bureau’s Veterans Broadband Report to
                                             ‘‘advanced telecommunications and                       low-income patients are more likely to                Congress (May 1, 2019), a significant
                                             information services’’ for public and                   have complex, high-cost health care                   number of veterans suffer from a
                                             nonprofit health care providers.                        needs, reside in areas with physician                 disability, reside in rural areas, and/or
                                             Accordingly, for purposes of the Pilot                  shortages, and may not have mobile or                 are older than the general population,
                                             Program, the Commission limits                          residential internet access for connected             and therefore would stand to benefit
                                             participation to the statutorily-                       care services. Therefore, emphasizing                 from connected care services. While the
                                             enumerated categories of ‘‘health care                  pilot projects that will primarily benefit            Commission declines to adopt an
                                             provider.’’ Eligible nonprofit or public                low-income patients or veterans is                    income criterion for veterans, the
                                             health care providers include: (1) Post-                appropriate as it will expand connected               expectation is that pilot projects focused
                                             secondary educational institutions                      care services to individuals who are less             on serving veterans will primarily focus
                                             offering health care instruction, teaching              likely to have access to these innovative             on veteran populations that are more
                                             hospitals, and medical schools; (2)                     services without universal service                    likely to experience issues accessing
                                             community health centers or health                      support. Participating patients may only              health care.
                                             centers providing health care to                        participate in one pilot project and                     33. Service Providers. Eligible health
                                             migrants; (3) local health departments or               cannot participate in multiple pilot                  care providers that participate in the
                                             agencies; (4) community mental health                   projects as part of the Pilot Program.                Pilot Program can receive support for
                                             centers; (5) not-for-profit hospitals; (6)                 31. The Commission also concludes                  qualifying broadband service from any
                                             rural health clinics; (7) skilled nursing               that health care providers are in the best            broadband provider, regardless of
                                             facilities; or (8) consortia of health care             position to identify patients for their               whether that provider is designated as
                                             providers consisting of one or more                     pilot projects. To the extent a selected              an eligible telecommunications carrier
                                             entities falling into the first seven                   pilot project asserts that it will primarily          (ETC). Section 254(c)(3) makes clear
                                             categories.                                             benefit low-income or veteran patients,               that, in addition to the supported
                                                28. To promote diversity among pilot                 the pilot project must maintain adequate              services included in the definition of
                                             projects, and to maximize the data                      documentation of the numbers of                       universal service in section 254(c), ‘‘the
                                             collected, Pilot Program support will be                participating veterans or low-income                  Commission may designate additional
                                             available to health care providers                      patients served through that pilot                    services for such support mechanisms
                                             located in both rural and non-rural                     project compared to other patients                    for . . . health care providers for the
                                             areas. Section 254(h)(2)(A) does not                    served. For purposes of the Pilot                     purposes of subsection (h).’’ Section
                                             limit the provision of universal service                Program, health care providers can                    254(h)(2)(A) in turn directs the
                                             support to health care providers in rural               determine whether a patient is                        Commission ‘‘to enhance to the extent
                                             areas. Consistent with the record, the                  considered low-income by determining                  technically feasible and economically
                                             Commission believes that the Pilot                      whether (1) the patient is eligible for               reasonable, access to advanced
                                             Program should target vulnerable and                    Medicaid or (2) the patient’s household               telecommunications services and
                                             medically underserved patients                          income is at or below 135% of the U.S.                information services’’ for health care
                                             regardless of whether these patients or                 Department of Health and Human                        providers and does not by its language
                                             their health care providers are located in              Services Federal Poverty Guidelines.                  require that such services be provided
                                             a rural or non-rural area.                              Using these two criteria to identify low-             by ETCs. The Commission has
                                                29. In selecting pilot projects, the                 income patients for purposes of the Pilot             previously explained that language in
                                             Commission has a strong preference for                  Program will allow a large number of                  section 254(e) limiting universal service




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                                             health care providers that have either (1)              low-income Americans to participate in                reimbursements to ETCs does not apply
                                             experience with providing telehealth or                 the Pilot Program, including many                     to services supported under section
                                             connected care services to patients (e.g.,              residents of medically underserved rural              254(h)(2)(A). Moreover, allowing non-
                                             remote patient monitoring, store-and-                   areas. In addition, using these criteria              ETCs to provide broadband service
                                             forward imaging, or video conferencing)                 will facilitate efficient program                     through the Pilot Program will incent
                                             beyond using electronic health records,                 administration, minimize the potential                participation among a diverse range of
                                             or (2) a partnership with another health                for waste, fraud, and abuse, while still              both health care providers and service


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                                             19898               Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations

                                             providers while promoting flexibility,                  internet access service to identify the               which provides funding for health care
                                             competition, and innovation.                            estimated number of patient broadband                 provider broadband connectivity.
                                                34. Eligible Services and Equipment.                 connections that the health care                         39. To avoid duplicate funding and to
                                             The Pilot Program will fund 85% of the                  provider intends to purchase for                      stretch limited Pilot Program funds,
                                             qualifying costs incurred by eligible                   purposes of providing connected care                  eligible health care providers
                                             health care providers. These costs                      services to patients who lack broadband               participating in the Pilot Program may
                                             include: (1) Patient broadband internet                 service or have insufficient broadband                not request or receive funding for
                                             access services, (2) health care provider               services. A health care provider seeking              broadband data connections for which
                                             broadband data connections, (3) other                   funding for patient broadband internet                they already receive funding through
                                             connected care information services,                    access service must also explain in its               the Healthcare Connect Fund Program
                                             and (4) certain network equipment.                      application how it plans to assess                    or other federal programs, and similarly
                                                35. Patient Broadband internet Access                                                                      may not request or receive funding for
                                                                                                     whether a patient lacks broadband
                                             Service. Funding health care provider                                                                         broadband data connections through the
                                                                                                     service or has insufficient broadband
                                             purchases of broadband internet access                                                                        Healthcare Connect Fund Program or
                                                                                                     internet access service for the proposed
                                             service for participating patients to                                                                         other federal programs for which they
                                             receive connected care services will                    connected care service based on speed,
                                                                                                                                                           have already received funding through
                                             help expand connected care services to                  technology (e.g., fixed or mobile
                                                                                                                                                           the Pilot Program. In addition, the Pilot
                                             many Americans, particularly low-                       broadband), or other appropriate service              Program will not fund broadband
                                             income and veteran patients. Many low-                  characteristics. It is appropriate under              connections between health care
                                             income consumers and veterans do not                    section 254(h)(2)(A) to fund the whole                providers as these connections are
                                             have broadband internet access service                  patient broadband connection as long as               already eligible for funding through the
                                             at all, while other low-income                          it is ‘‘primarily’’ used for activities that          Healthcare Connect Fund Program, and
                                             consumers and veterans may not have                     are integral, immediate, and proximate                the Commission does not believe that
                                             broadband internet access service that is               to the provision of connected care                    funding connections between health
                                             sufficient to receive connected care                    services to participating patients. In                care providers is necessary for the Pilot
                                             services. Aside from the VA’s tablet loan               contrast to broadband connectivity for a              Program given the focus on supporting
                                             program, which serves a limited number                  single health care provider facility, it              the provision of connected care services
                                             of veterans, it appears that no other                   would not be ‘‘technically feasible and               to participating patients in their homes
                                             federal program provides health care                    economically reasonable,’’ for health                 or mobile locations.
                                             providers funding dedicated to purchase                 care providers to track, monitor, and                    40. Other Connected Care Information
                                             patient broadband internet access                       cost-allocate non-connected care uses of              Services. The Pilot Program will also
                                             service for connected care services.                    the supported patient broadband                       provide support for information services
                                             Some health care providers are already                  connections.                                          other than broadband connectivity that
                                             addressing this gap by funding patient                     38. Health Care Provider Broadband                 eligible, participating health care
                                             broadband internet access service for                   Data Connections. The Pilot Program                   providers use for connected care as part
                                             certain low-income or vulnerable                        will also provide support for eligible,               of the Pilot Program. Health care
                                             patients who lack broadband service at                  participating health care providers to                providers incur significant costs to
                                             home.                                                   purchase the broadband data                           provide connected care services,
                                                36. The Pilot Program will provide                                                                         including, but not limited to, the costs
                                                                                                     connections needed to provide
                                             funding for participating health care                                                                         of services (other than broadband) for
                                                                                                     connected care services under the Pilot
                                             providers to purchase mobile or fixed                                                                         connected care, and that many of these
                                                                                                     Program. While many eligible health
                                             broadband internet access service for                                                                         costs typically are not reimbursable
                                             participating patients who do not                       care providers may already have the
                                                                                                                                                           through health care payors, which can
                                             already have broadband internet access                  broadband connectivity necessary to
                                                                                                                                                           present an obstacle to connected care
                                             service or who lack sufficient broadband                participate in the Pilot Program, other
                                                                                                                                                           services. Funding information services
                                             internet access service necessary to                    eligible health care providers may                    for health care providers’ use for
                                             participate in the specific pilot project.              require new or additional broadband                   connected care through the Pilot
                                             Insufficient broadband for connected                    data connections to participate in the                Program, therefore, could enhance
                                             care services could include                             Pilot Program. Providing funding for                  health care providers’ access to such
                                             subscriptions to low-bandwidth                          health care provider broadband data                   information services and encourage
                                             connections, low usage allowances, or                   connections in this latter situation will             innovation in the way health care
                                             other inadequate service levels—all of                  incentivize health care provider                      providers provide connected care
                                             which negatively impact patients’ and                   participation, which, in turn, will aid in            services to their patients. The
                                             health care providers’ ability to use                   the ability to collect meaningful data.               Commission also believes funding these
                                             telehealth services. For the Pilot                      Moreover, requiring Pilot Program                     information services will encourage
                                             Program, funding these services will                    applicants that require broadband data                broader participation in the Pilot
                                             expand health care providers’ digital                   connections in order to provide                       Program. The Commission, however,
                                             footprints for purposes of providing                    connected care services to seek support               will not fund the costs associated with
                                             connected care services, and allow                      for those connections through the                     medical professional review of data or
                                             health care providers to serve more                     Healthcare Connect Fund would                         images transmitted or stored through
                                             patients through the Pilot Program and                  produce duplicative application                       such services, or services which have a
                                             thus enhance health care providers’                     requirements with minimal benefit to                  primary purpose other than capturing,




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                                             access to advanced telecommunications                   either program. The Commission                        transmitting and storing data to
                                             and information services.                               expects that funding health care                      facilitate connected care. These costs
                                                37. To ensure that funding for patient               provider connectivity under these                     fall outside the scope of the
                                             broadband internet access service is                    circumstances will not subsume the                    Commission’s statutory authority under
                                             targeted appropriately, the Commission                  budget for the Pilot Program given the                Section 254(h)(2)(A). Mobile
                                             will require Pilot Program applicants                   broad participation in the existing                   applications will only be funded to the
                                             seeking support for patient broadband                   Healthcare Connect Fund Program                       extent that they are part of a qualifying


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                        19899

                                             information service. Eligible health care               could significantly reduce the Pilot                  information that will facilitate the
                                             providers that seek Pilot Program                       Program funding available for the costs               evaluation and eventual selection of
                                             support for an information service                      directly associated with providing                    high-quality pilot projects in order to
                                             should include in their application a                   connected care services, and would                    participate in the Pilot Program.
                                             thorough description of the service,                    limit the number of pilot projects the                Specifically, the applicant must show
                                             including a description of the primary                  Commission can select. The record                     how its proposed pilot project meets the
                                             function/s of the service, and whether                  indicates that some selected pilot                    criteria outlined in the following. The
                                             and how it facilitates the capturing,                   projects may be able to obtain grant                  Commission expects each applicant to
                                             transmission (including video visits),                  funding and other funding for end-user                present a clear research and evaluation
                                             and storage of data for connected care.                 devices or medical equipment where                    strategy for meeting the health care
                                                41. Network Equipment. The Pilot                     needed to participate in the Pilot                    needs of participating patients through
                                             Program will provide funding to                         Program. The Commission therefore                     the use of connected care services and
                                             eligible, participating health care                     encourages eligible health care                       how the proposed pilot project will
                                             providers for necessary network                         providers to explore available grant and              accomplish these objectives. Successful
                                             equipment for broadband connectivity                    other funding opportunities, potential                applicants will be able to demonstrate
                                             funded through the Pilot Program for                    partnerships and other avenues that                   that they have a viable strategic plan for
                                             connected care services. This funding                   could help them obtain end-user and                   delivering innovative connected care
                                             can only be used for network equipment                  medical devices necessary to participate              services directly to patients while
                                             that is necessary to make Pilot Program                 in the Pilot Program.                                 leveraging existing resources or
                                             funded broadband services for                              43. Administrative Expenses and                    telehealth programs within their state or
                                             connected care services functional, or to               Other Miscellaneous Expenses.                         region. The Commission will give
                                             operate, manage, or control such                        Consistent with the RHC Program and                   greater consideration to applications
                                             services, and must not be used for                      the RHC Pilot Program, the Pilot                      that propose to provide connected care
                                             purposes other than providing                           Program will not provide funding for                  services to a significant number of low-
                                             connected care services under the Pilot                 health care provider administrative                   income or veteran patients in a given
                                             Program. Health care providers seeking                  costs associated with participating in                state or region. An application that
                                             funding for qualifying network                          the Pilot Program (e.g., costs associated             intends to provide connected care
                                             equipment for other health care uses                    with completing Pilot Program                         services to only a de minimis number of
                                             may apply for such funding under the                    applications and other submissions) or                low-income or veteran patients will not
                                             Healthcare Connect Fund Program.                        other miscellaneous expenses (e.g.,                   be selected.
                                             Further, to avoid duplicate funding                     doctor and staff time spent on the Pilot                 45. To be eligible for participation in
                                             issues, eligible health care providers                  Program and outreach). This is also                   the Pilot Program, interested parties
                                             participating in the Pilot Program may                  consistent with the U.S. Department of                should submit applications that, at a
                                             not request and receive funding for                     Agriculture’s Distance Learning and                   minimum, contain the following
                                             network equipment for which they                        Telemedicine grant program. Section                   required information:
                                             already applied or received funding                     254 focuses on the availability of and                   • Names and addresses of all health
                                             through the Healthcare Connect Fund                     access to ‘‘services.’’ Funding                       care providers that will participate in
                                             Program or another federal program, and                 administrative or miscellaneous                       the proposed pilot project and the lead
                                             similarly may not request and receive                   expenses associated with participating                health care provider for proposals
                                             through the Healthcare Connect Fund                     in the Pilot Program would not fulfill                involving multiple health care
                                             Program or another federal program                      this statutory focus. Allocating scarce               providers.
                                             funding for network equipment for                       Pilot Program funding to administrative                  • Contact information for the
                                             which the health care provider receives                 costs would significantly reduce the                  individual that will be responsible for
                                             funding through the Pilot Program.                      Pilot Program funding available for the               the management and operation of the
                                             Moreover, consistent with § 54.9 of the                 costs directly associated with providing              proposed pilot project (telephone
                                             Commission’s rules, the Pilot Program                   connected care services. Additionally, if             number, mailing address, and email
                                             will prohibit health care providers from                the Commission was to provide direct                  address).
                                             using universal service funds to                        support for administrative expenses, it                  • Health care provider number(s) and
                                             purchase equipment or services for use                  would necessitate additional                          type(s) (e.g., not-for-profit hospital,
                                             through the Pilot Program that are                      application requirements, guidelines,                 community mental health center,
                                             produced or provided by a company                       and other administrative controls to                  community health center, rural health
                                             that the Commission has identified as                   protect such funding from waste, fraud,               clinic), for each health care provider
                                             posing a national security threat to the                and abuse. This would increase the                    included in proposal.
                                             integrity of communications networks                    administrative burden on USAC and on                     • Description of each participating
                                             or the communications supply chain.                     applicants as well.                                   health care provider’s previous
                                                42. End-User Devices and Medical                        44. Application and Evaluation                     experience with providing telehealth
                                             Equipment. Consistent with the                          Process. To participate in the Pilot                  services (other than electronic health
                                             Commission’s long-standing approach                     Program, a prospective health care                    records) or experience and name of a
                                             to implementing its universal service                   provider must first obtain an eligibility             partnering health care provider or
                                             programs, the Pilot Program will not                    determination from USAC by submitting                 organization.
                                             fund end-user devices or medical                        an FCC Form 460 (Eligibility and                         • Description of the plan for
                                             equipment. The Commission has                           Registration Form) along with                         implementing and operating the pilot




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                                             consistently declined to fund equipment                 supporting documentation to USAC to                   project, including how the pilot project
                                             unless it is ‘‘necessary’’ for the                      verify its eligibility to participate in the          intends to recruit patients, estimated
                                             transmission function of the service.                   Pilot Program. After confirming its                   amount of ramp-up time necessary for
                                             Additionally, providing limited Pilot                   eligibility for the Pilot Program, the                the pilot project (not to exceed six
                                             Program funding to end-user devices                     applicant must submit its pilot project               months), plans to obtain any necessary
                                             and medical equipment costs may not                     proposal to the Commission describing                 end-user devices (e.g., tablets,
                                             be economically reasonable because it                   its proposed pilot project and providing              smartphones) and medical devices for


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                                             19900               Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations

                                             the connected care services that the                    proposed pilot project. This entry must               depression, anxiety disorders,
                                             pilot project will provide, and to what                 include the total estimated eligible                  schizophrenia, eating disorders and
                                             extent the pilot project can be self-                   funding (85%) to be requested from the                addictive behavior) or conditions of a
                                             sustaining once established.                            Pilot Program per year over the three-                chronic or long term nature (including,
                                                • Description of the connected care                  year funding period.                                  but not limited to heart diseases,
                                             services the proposed pilot project will                   • A list of anticipated sources of                 diabetes, cancer, stroke).
                                             provide, the conditions to be treated, the              financial support for the pilot project                  46. Additionally, applicants will also
                                             health care provider’s experience with                  costs not covered by the Pilot Program.               be required, at the time of submission of
                                             treating those conditions, the goals and                   • Description of the metrics for the               their application, to certify, among other
                                             objectives of the proposed pilot project                proposed pilot project that are relevant              things, that they will comply with the
                                             (including the health care provider’s                   to the Pilot Program goals and how the                Health Insurance Portability and
                                             anticipated goals with respect to                       participating providers will collect                  Accountability Act (HIPAA) and other
                                             reaching new or additional patients, and                those metrics. Examples of the types of               applicable privacy and reimbursement
                                             improved patient health outcomes),                      metrics the Commission is interested in               laws and regulations, and applicable
                                             expected health care benefits to the                    include: reductions in potential                      medical licensing laws and regulations,
                                             patients, health care provider, or the                  emergency room or urgent care visits;                 as well as all applicable Pilot Program
                                             health care industry that will result                   decreases in hospital admissions or                   requirements and procedures, including
                                             from the proposed pilot project, and                    readmissions; condition-specific                      the requirement to retain records to
                                             how the pilot project will achieve each                 outcomes, such as reductions in                       demonstrate compliance with the Pilot
                                             of the goals of the Pilot Program.                      premature births or acute incidents                   Program rules and requirement for five
                                                • Documentation of the participating                 among suffers of a chronic illness, and               years, subject to audit. Health care
                                             health care provider(s)’s financial health              patient satisfaction as to with their                 providers that participate in the Pilot
                                             (e.g., recent audited balance sheets and                overall health status.                                Program must also comply with all
                                             income statements that are no more than                    • Description of how the health care               applicable federal and state laws,
                                             two years old).                                         provider intends to collect, track, and               including the False Claims Act, the
                                                • Description of the estimated                       store, the required Pilot Program data.               Anti-Kickback Statute, and the Civil
                                             number of patients to be treated.                          Further, to facilitate the review in               Monetary Penalties Law. The
                                                • Description of any commitments                     selecting a diverse set of projects and               Commission understands that health
                                             from community partners, including                      target Pilot Program funds to geographic              care providers must routinely navigate
                                             physicians, hospitals, health systems,                  areas and populations most in need of                 these laws in other contexts. Thus,
                                             and home health/community providers                     USF support for connected care,                       health care providers that are interested
                                             to the success of the proposed pilot                    applicants should also provide the                    in applying for the Pilot Program should
                                             project.                                                following information, as applicable:                 speak to their compliance experts prior
                                                • Description of the anticipated level                  • Description of whether the health                to submitting an application to
                                             of broadband service required for the                   care provider is located in a rural area,             participate in the Pilot Program.
                                             proposed pilot project, including the                   on Tribal lands, or is associated with a              Further, applicants will also be required
                                             necessary speeds, the technologies to be                Tribe, or part of the Indian Health                   to certify that they are not already
                                             used (e.g., mobile or fixed broadband)                  Service. If the health care provider is               receiving or expecting to receive other
                                             and any other relevant service                          not located in a rural area, include a                federal funding for the exact same
                                             characteristics (e.g., LTE service).                    description of whether the health care                services eligible for support under the
                                                • Description of the estimated                       provider will primarily serve veterans or             Pilot Program. The Commission
                                             number of patient broadband                             low-income patients located in rural                  recognizes the need to possibly waive
                                             connections that the health care                        areas as defined in the RHC Program                   certain of the RHC Program rules that
                                             provider intends to purchase for                        rules, and identify those specific rural              extend to the Pilot Program in order to
                                             purposes of providing connected care                    areas.                                                implement the Pilot Program, and
                                             services to patients who lack broadband                    • Listing of all Department of Health              therefore also request that applicants
                                             service or have insufficient broadband                  and Human Services, Health Resources                  identify in their application, as
                                             services. This description must include                 & Services Administration (HRSA)                      applicable, any Commission rules that
                                             an explanation of how the health care                   designated Health Professional Shortage               extend to the Pilot Program in the R&O
                                             provider plans to assess whether a                      Areas (for primary care or mental health              from which they may need a waiver in
                                             patient lacks broadband service or has                  care only) or HRSA designated                         order to participate in the Pilot Program,
                                             insufficient broadband internet access                  Medically Underserved Areas that will                 if selected.
                                             service for the indicated connected care                be served by the proposed project.                       47. Instructions for Filing
                                             service based on speed, technology or                      • Description of whether the pilot                 Applications. The Bureau will issue a
                                             data cap limitations.                                   project will primarily benefit low-                   public notice announcing the deadline
                                                • If seeking support for an                          income or veteran patients, and if so,                for submitting Pilot Program
                                             information service used to provide                     the estimated number or percentage of                 applications and instructions for filing
                                             connected care, other than broadband                    those patients the project will serve                 applications with the Commission. Pilot
                                             connectivity, used to provide connected                 compared to the total number of                       Program applications will be due the
                                             care, a description of the service,                     patients that the pilot project estimates             later of 45 days from the effective date
                                             including a description of the primary                  serving.                                              of the Pilot Program rules or July 31,
                                             function/s of the service, and whether it                  • Description of whether the primary               2020. Applicants will be required to




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                                             facilitates the capturing, transmission,                purpose of the proposed pilot project is              complete each section of the application
                                             and storage of data for connected care.                 to provide connected care services to                 and make the required certifications at
                                                • Estimated total project costs,                     respond to a public health epidemic, or               the end of the application. Applicants
                                             including costs eligible for support                    to provide connected care services for                may request that any materials or
                                             through the Pilot Program and costs not                 opioid dependency, high-risk                          information submitted to the
                                             eligible for Pilot Program support but                  pregnancy/maternal mortality, mental                  Commission in its application be
                                             still necessary to implement the                        health conditions (e.g., substance abuse,             withheld from public inspection


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                                             pursuant to the procedures set forth in                 projects. After the selection of pilot                   • The eligible health care provider
                                             § 0.459 of the Commission’s rules.                      projects, additional specifics will also              seeks support for $10,000 or less of total
                                             Applications must reference WC Docket                   be provided concerning the                            undiscounted eligible expenses for a
                                             No. 18–213 only, and will be required                   requirements outlined in the R&O,                     single year, if the term of the contract is
                                             to file electronically consistent with the              including additional instructions and                 one year or less; or
                                             instructions provided in a subsequent                   procedural information regarding,                        • The eligible health care provider
                                             public notice. All filings must be                      requests for funding, invoicing, and the              already has entered into a legally
                                             addressed to the Commission’s                           specific data to be reported and                      binding agreement with a service
                                             Secretary, Office of the Secretary,                     reporting format.                                     provider for services or equipment
                                             Federal Communications Commission.                          51. Procurement of Supported                      eligible for support in the Pilot Program
                                             Applicants must also send a courtesy                    Services. The Commission is adopting,                 and that legally binding agreement itself
                                             copy of their application via email to                  to the extent feasible, the competitive               was the product of competitive bidding.
                                             ConnCarePltProg@fcc.gov.                                bidding requirements for the Healthcare                  In the absence of an applicable
                                                48. Evaluation of Proposals and                      Connect Fund Program for participants                 exemption, applicants will have to seek
                                             Selection of Pilot Projects. The                        in the Pilot Program. Specifically, health            competitive bids for services and
                                             Commission plans to evaluate the                        care providers can seek bids for multi-               equipment that are eligible for support
                                             applications and select pilot project                   year or single-year contracts during the              through the Pilot Program. Applicants
                                             proposals based on applicants’                          competitive bidding process. If a health              will be required to follow the RHC
                                             responses to the criteria. The                          care provider only seeks bids for a                   Program’s competitive bidding
                                             Commission will also consider the cost                  single-year contract, it will need to                 requirements, which include submitting
                                             of the proposed pilot project compared                  conduct a new competitive bidding                     a Request for Services and Request for
                                             to the total Pilot Program budget. This                 process for each year of the Pilot                    Proposal (RFP) (as applicable) for USAC
                                             does not mean the Commission will                       Program. The competitive bidding                      to post on its website, seeking bids,
                                             evaluate proposed pilot projects based                  requirements for the Pilot Program are                waiting 28 days before selecting a
                                             solely on a proposed pilot project’s total              in addition to and do not supplant any                service provider, conducting a bid
                                             budget but will seek to select an array                 applicable state or local procurement                 evaluation to select a service provider,
                                             of pilot projects that can all be funded                requirements.                                         and then selecting the most-cost
                                             within the Pilot Program’s budget.                                                                            effective service. All potential bidders
                                                                                                         52. Similar to the competitive bidding
                                                49. In choosing participants for the                                                                       must have access to the same
                                                                                                     exemptions provided under the
                                             Pilot Program, the Commission will also                                                                       information and be treated in the same
                                                                                                     Healthcare Connect Fund Program,
                                             consider whether the applicant has                                                                            manner during the competitive bidding
                                                                                                     eligible health care providers
                                             successfully developed, coordinated, or                                                                       period to ensure that the process is ‘‘fair
                                                                                                     participating in the Pilot Program will
                                             otherwise implemented a telehealth                                                                            and open.’’ Gifts from service providers
                                                                                                     not be required to seek competitive bids              will also be prohibited.
                                             program. While the Commission will
                                             consider applicants’ responses to all of                if:                                                      53. Requesting Funding, Invoicing,
                                             the application criteria factors listed in                  • The eligible health care provider               Disbursements, and Material Changes.
                                             the document when evaluating pilot                      seeks support for services and                        Once selected, Pilot Program
                                             project proposals, they are not                         equipment purchased from Master                       participants will be required to submit
                                             determinative of whether a pilot project                Services Agreements (MSAs) negotiated                 a Request for Funding to USAC no later
                                             will be selected because recognition that               by federal, state, Tribal, or local                   than six months after the selection date
                                             each pilot project proposal will have its               government entities on behalf of such                 with specific pricing and service
                                             own unique strengths and potential                      health care providers and others, if such             information for the funding they are
                                             challenges. However, the Commission’s                   MSAs were awarded pursuant to                         requesting through the Pilot Program.
                                             goal is to select pilot projects that                   applicable federal, state, Tribal, or local           Participating health care providers with
                                             present a well-defined plan for meeting                 competitive bidding requirements;                     multi-year contracts may submit a single
                                             the health care needs of participating                      • The eligible health care provider               funding request for the full period
                                             patients, with a particular emphasis on                 opts into an existing MSA approved                    covered by the contract. However, if a
                                             eligible low-income and veteran                         under the Rural Health Care Pilot                     participating health care provider elects
                                             patients and the Pilot Program goals.                   Program or Healthcare Connect Fund                    to enter into a one-year contract, it will
                                                50. The Commission directs the                       Program and seeks support for services                have to submit a new funding request
                                             Bureau to establish an application                      and equipment purchased from the                      for each subsequent year of Pilot
                                             schedule consistent with the direction                  MSA, if the MSA was developed and                     Program funding. USAC will review the
                                             provided in the R&O, to review the                      negotiated in response to an RFP that                 funding requests and issue funding
                                             applications, to consult with the FCC’s                 specifically solicited proposals that                 commitment letters to the participating
                                             Office of Economics and Analytics,                      included a mechanism for adding                       health care providers and service
                                             Office of Managing Director, Office of                  additional sites to the MSA;                          providers indicating the amount
                                             General Counsel, and the FCC                                • The eligible health care provider               committed under the Pilot Program for
                                             Connect2Health Task Force, as needed,                   has a multi-year contract designated as               the selected pilot project. Given that
                                             and to recommend pilot project                          ‘‘evergreen’’ by USAC and seeks to                    Pilot Program funding will be collected
                                             selections to the Commission. To the                    exercise a voluntary option to extend an              over a multiple year period, while
                                             extent possible in reviewing                            evergreen contract without undergoing                 participating health care providers with
                                             applications, the Commission also                       additional competitive bidding;                       multi-year contracts can submit a single




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                                             encourages the Bureau to consult with                       • The eligible health care provider is            funding request covering the contract
                                             federal agencies with expertise in                      in a consortium with participants in the              period, the Commission anticipates that
                                             telehealth or the federally designated                  schools and libraries universal service               USAC will issue funding commitments
                                             Telehealth Resource Centers. After the                  support program (E-Rate program) and a                for one year at a time rather than for
                                             Commission selects the pilot projects to                party to the consortium’s existing                    multiple years.
                                             participate in the Pilot Program, the                   contract, if the contract was approved in                54. Selected pilot projects will be
                                             Bureau will announce the selected pilot                 the E-Rate program as a master contract;              required to report to the Commission


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                                             any material change in the participating                applicable to all of the selected pilot               procedures and will improve the overall
                                             health care providers’ or pilot projects’               projects.                                             efficacy of the Pilot Program. The
                                             status (e.g., health care provider site has                57. Accordingly, the Commission will               Commission also encourages selected
                                             closed, or pilot project has ceased                     determine the specific data to be                     participants to contact USAC with any
                                             operations) within 30 days of such                      reported by pilot projects and format of              questions prior to filing their forms or
                                             material change in status. In instances                 the required data after review of the                 supporting documentation. The
                                             where a selected Pilot Program                          pilot project proposals. Participating                direction the Commission provides to
                                             participant is unable to participate in                 health care providers will also be                    USAC will not lessen or preclude any of
                                             the Pilot Program for the three-year                    required to submit final reports within               its review procedures. The Commission
                                             period due to extenuating                               six months of the end dates of their pilot            retains the commitment to detecting and
                                             circumstances, a successor may be                       projects summarizing the final results                deterring potential instances of waste,
                                             designated by the Bureau. To facilitate                 and explaining whether the pilot                      fraud, and abuse by ensuring that USAC
                                             the tracking and monitoring of the Pilot                projects met their stated goals and the               scrutinizes Pilot Program submissions
                                             Program budget and guard against                        goals of the Pilot Program. These data                and takes steps to educate selected
                                             potential waste, fraud and abuse,                       will assist the Commission in                         participants in a manner that fosters
                                             selected pilot projects must notify                     determining whether and how universal                 appropriate Pilot Program participation.
                                             USAC within 30 days of any decrease of                  service funds can efficiently and                        59. Pilot Program Goals and Metrics.
                                             5% or more in the number of patients                    effectively be used for connected care,               The Commission adopts three explicit
                                             participating in their respective pilot                 will enable the Commission to ensure                  goals for the Pilot Program to determine
                                             project.                                                that universal service funds are being                how USF support provided to health
                                                55. After providing the eligible                     used in a manner consistent with                      care providers for the costs associated
                                             services and/or equipment, service                      section 254, the Commission’s rules and               with providing connected care services
                                             providers will be required to make                      procedures, and the goals of the Pilot                can enable them to: (1) Improve health
                                             certain certifications and then submit                  Program. In accordance with § 54.631 of               outcomes through connected care; (2)
                                             invoicing forms on a monthly basis and                  the Commission’s rules, health care                   reduce health care costs for patients,
                                             supporting documentation to USAC to                     providers and selected participants, in               facilities and the health care system;
                                             receive reimbursement for the cost of                   addition to maintaining records related               and (3) support the trend towards
                                             the eligible services and/or equipment                  to their pilot projects to demonstrate                connected care everywhere. The goals
                                             they have provided to participating                     their compliance with the Pilot Program               adopted for the Pilot Program are sound
                                             health care providers under the Pilot                   rules and requirements, must also keep                and measurable goals, and will help
                                             Program. USAC will review the monthly                   supporting documentation for these                    advance the Commission’s statutory
                                             invoicing forms and supporting                          reports for at least five years after the             obligation to promote universal service
                                             documentation and issue disbursements                   conclusion of their pilot project and                 by providing the Commission with
                                             to the applicable service providers or                  must present that information to the                  information that will help inform about
                                             vendors, whether a broadband service                    Commission or USAC upon request.                      how to best allocate limited universal
                                             provider, or other provider. Pilot                      Consistent with § 54.631 of the                       service funding.
                                             Program participants will also be                       Commission’s rules, pilot projects will                  60. Legal Authority. The Commission
                                             required to make certifications as part of              also be subject to random compliance                  found that section 254(h)(2)(A) of the
                                             the form submissions to USAC to ensure                  audits to ensure compliance with the                  1996 Act authorizes establishing the
                                             that Pilot Program funds are used for                   Pilot Program rules and requirements.                 Pilot Program to help defray health care
                                             their intended purpose and to ensure                       58. USAC Outreach. After                           provider’s eligible costs of providing
                                             that all participating health care                      announcement of the selected Pilot                    connected care services to low-income
                                             providers and service providers are in                  Program projects, each selected pilot                 or veteran patients. Specifically, section
                                             compliance with the Commission’s                        project will be required to provide to                254(h)(2)(A) directs the Commission to
                                             rules and procedures.                                   USAC, within 14 calendar days of such                 ‘‘establish competitively neutral rule[s]
                                                56. Data Reporting, Document                         announcement, the name, mailing                       to enhance, to the extent technically
                                             Retention, and Audits. The Commission                   address, email address, and telephone                 feasible and economically reasonable,
                                             directs the Bureau to issue a report                    number of the lead project coordinator                access to advanced telecommunications
                                             detailing the results of the Pilot Program              for its pilot project. Within 30 days of              and information services for all public
                                             after it has been completed. To assist                  the date announcing the selected Pilot                and nonprofit . . . health care
                                             with the report, the Commission will                    Program projects, USAC shall conduct                  providers.’’ The Pilot Program will fund
                                             require participating health care                       an initial coordination meeting with                  broadband connectivity for participating
                                             providers to submit periodically                        selected Pilot Program participants.                  health care providers and patients,
                                             anonymized, aggregated data, such as                    USAC shall further conduct a targeted                 certain network equipment, and other
                                             reductions in emergency room or urgent                  outreach program, such as a webinar or                information services that may facilitate
                                             care visits in a particular geographic                  similar outreach, to educate and inform               the provision of connected care services
                                             area or among a certain class of patients;              selected participants on the Pilot                    provided through the Pilot Program.
                                             decreases in hospital admissions or re-                 Program administrative process,                       These connected care services may be
                                             admissions for a certain patient group;                 including various filing requirements                 defined as either telecommunications
                                             condition-specific outcomes such as                     and deadlines, in order to minimize the               services or information services.
                                             reductions in premature births or acute                 possibility of selected participants                     61. For the Pilot Program, funding
                                             incidents among sufferers of a chronic                  making inadvertent errors in completing               patient broadband internet access




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                                             illness; and patient satisfaction as to                 the required forms. The Commission                    services would expand health care
                                             health status to the Bureau regarding                   expects that the outreach and                         providers’ digital footprints for purposes
                                             their pilot project to the Bureau after                 educational efforts will assist selected              of providing connected care services
                                             each year of funding for that pilot                     participants in meeting the Pilot                     and allow health care providers to serve
                                             project. However, the scope of the pilot                Program’s requirements. Further, such                 more eligible low-income patients and
                                             project proposals is unknown at this                    an outreach program will increase                     veterans through the Pilot Program and,
                                             time, and some metrics may not be                       awareness of the filing rules and                     thus, enhance health care providers’


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                        19903

                                             access to ‘‘advanced                                       63. Recognizing that the Commission                254(b)(3) provides that ‘‘[c]onsumers in
                                             telecommunications and information                      has not previously relied on section                  all regions of the Nation, including low-
                                             services.’’ Accordingly, funding health                 254(h)(2)(A) of the Act to specifically               income consumers and those in rural,
                                             care provider purchase of broadband                     defray eligible health care provider costs            insular, and high cost areas, should
                                             internet access service for participating               of providing connected care services by               have access to telecommunications and
                                             patients through this discrete, limited                 supporting broadband connections for                  information services, including
                                             duration Pilot Program falls within the                 patient use or other information services             interexchange services and advanced
                                             scope of section 254(h)(2)(A) of the Act.               necessary to provide connected care                   telecommunications and information
                                             Relying on this statutory provision also                services. The Commission previously                   services, that are reasonably comparable
                                             ensures that the Pilot Program is health                concluded, however, that it has ‘‘broad               to those services provided in urban
                                             care provider-driven and enables                        discretion regarding how to fulfill this              areas and that are available at rates that
                                             participating health care providers to                  statutory mandate’’ under section                     are reasonably comparable to rates
                                             select from the broadest range of                       254(h)(2)(A). The Commission believes                 charged for similar services in urban
                                             broadband internet access service                       establishing the limited Pilot Program                areas.’’ As explained in the document,
                                             providers to meet the health care needs                 for this purpose is consistent with that              the Pilot Program will fund eligible
                                             of participating patients.                              discretion. Advances in information                   health care provider purchases of
                                                62. First, the Pilot Program will be                 technologies and services are allowing                broadband internet access services for
                                             ‘‘competitively neutral,’’ which means                  health care providers to expand their                 participating patients to use for
                                             that ‘‘universal service support                        digital footprint by using broadband and              purposes of connected care services.
                                             mechanisms and rules neither unfairly                   broadband enabled devices to provide                  IV. Procedural Matters
                                             advantage nor disadvantage one                          connected care services to patients in
                                             provider over another, and neither                      their homes or mobile locations, and                  A. Paperwork Reduction Act Analysis
                                             unfairly favor nor disfavor one                         there is growing evidence of the benefits                65. This document contains new
                                             technology over another.’’ The Pilot                    of connected care services both for                   information collection requirements
                                             Program satisfies this requirement                      health care providers and their patients.             subject to the Paperwork Reduction Act
                                             because eligible health care providers                  Further, the record indicates that the                of 1995 (PRA), Public Law 104–13. The
                                             are free to choose any broadband                        costs of broadband internet access                    information collection requirements
                                             connectivity technology and broadband                   service for patient use in their homes or             related to the COVID–19 Telehealth
                                             connectivity provider, in compliance                    mobile locations, and the costs of other              Program were approved on April 6,
                                             with the applicable competitive bidding                 information services necessary to                     2020 by the Office of Management and
                                             requirements for the Pilot Program-                     provide connected care services, are an               Budget (OMB) pursuant to the PRA, 44
                                             supported services needed to provide                    obstacle for certain health care                      U.S.C. 3507(j). The information
                                             connected care services through their                   providers and their patients to adopt                 collection requirements related to the
                                             respective pilot projects. In addition,                 connected care services. Because of the               Pilot Program will also be submitted to
                                             participating health care providers are                 growing evidence of the benefits of                   OMB for review under Section 3507(d)
                                             not required to adopt any specific non-                 providing connected care services for                 of the PRA. OMB, the general public,
                                             broadband information service to                        both health care providers and their                  and other federal agencies will be
                                             provide broadband-enabled connected                     patients, and the fact that many health               invited to comment on the new
                                             care services through the Pilot Program.                care providers and patients have yet to               information collection requirements.
                                             Second, the Pilot Program will be                       adopt these services, the Commission                  Applications for the COVID–19
                                             ‘‘technically feasible’’ because the Pilot              believes that it is appropriate to                    Telehealth Program will be accepted by
                                             Program will not require the                            establish the Pilot Program to examine                the Commission after the Bureau
                                             development of any new technology and                   whether and how universal service can                 releases a public notice providing
                                             gives participating health care providers               play a role in helping all Americans                  instructions for filing applications with
                                             flexibility to use any available                        access and obtain the benefits of                     the Commission. Applications to
                                             technology to implement their                           connected care services. The                          participate in the Pilot Program will be
                                             respective pilot projects. Third, the Pilot             Commission thus believes that the                     due 45 days from the effective date of
                                             Program will be ‘‘economically                          specific services and network                         the Pilot Program rules or July 31, 2020,
                                             reasonable.’’ In discussing economic                    equipment funded under the Pilot                      whichever comes later. The Bureau will
                                             reasonableness, the Commission has                      Program are within the scope of the                   issue a public notice announcing the
                                             generally focused on the effect that any                statutory directive under section                     deadline for submitting Pilot Program
                                             new rules would have on growth in the                   254(h)(2)(A) to enhance eligible health               applications and instructions for filing
                                             universal service support mechanisms.                   care providers’ access to advanced                    applications with the Commission. In
                                             The Commission establishes a budget                     telecommunications and information                    addition, pursuant to the Small
                                             separate from the existing universal                    services.                                             Business Paperwork Relief Act of 2002,
                                             service programs and limit the Pilot                       64. While the Commission relies on                 Public Law 107–198, see 44 U.S.C.
                                             Program budget to at most $100 million,                 authority under section 254(h)(2)(A) to               3506(c)(4), the Commission sought
                                             which provides a reasonable cap and                     establish the Pilot Program, the Pilot                specific comment on how it might
                                             will not significantly increase the                     Program is also consistent with the                   further reduce the information
                                             contributions burden on consumers.                      directive that the Commission base                    collection burden for small business
                                             Additionally, the Commission has                        policies for the advancement of                       concerns with fewer than 25 employees.




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                                             developed measures to promote the                       universal service on the principles                   In the Report and Order, the
                                             fiscally responsible use of Pilot Program               outlined in section 254(b) of the Act.                Commission has assessed the effects of
                                             funds, including requiring that                         Specifically, section 254(b)(2) provides              the information collection on small
                                             evaluations of pilot project proposals                  that ‘‘[a]ccess to advanced                           businesses, and find that the benefits of
                                             include a comparison of the estimated                   telecommunications and information                    providing support to help defray eligible
                                             costs of each proposed pilot project to                 services should be provided in all                    health care providers costs to provide
                                             the total Pilot Program budget.                         regions of the Nation’’ and section                   connected care services to their patients


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                                             and COVID–19 relief to help eligible                    Health Care (RHC) Program which                       Program will provide meaningful data
                                             health care providers meet the health                   supports health care providers’ access to             that will help better understand how the
                                             care needs of their patients during the                 communications technologies. However,                 USF can support health care provider
                                             COVID–19 pandemic outweigh any                          there are developments in telehealth,                 and patient use of connected care
                                             significant economic impact on small                    including increased use of connected                  services, and how supporting health
                                             entities.                                               care services, that the Commission has                care provider and patient use of
                                                                                                     not yet fully explored. With remote                   connected care services can improve
                                             B. Congressional Review Act
                                                                                                     patient monitoring and mobile health                  health outcomes and reduce health care
                                                66. The Commission has determined,                   applications that can be accessed on a                costs. The data and information
                                             and the Administrator of the Office of                  smartphone or tablet, health care                     collected through the Pilot Program
                                             Information and Regulatory Affairs,                     providers now have the technology to                  could also have the ancillary benefit of
                                             Office of Management and Budget                         deliver quality health care directly to               aiding policy makers and legislators in
                                             (OMB), concurs that the rules                           patients, regardless of where they are                the consideration of broader reforms—
                                             implementing the COVID–19 Telehealth                    located. Despite the numerous benefits                whether statutory changes or updates to
                                             Program are ‘‘major’’ and the rules                     of connected care services to patients                rules administered by other agencies—
                                             implementing the Pilot Program are                      and health care providers alike, patients             that could support this trend towards
                                             ‘‘non-major’’ under the Congressional                   who cannot afford or who otherwise                    connected care.
                                             Review Act, 5 U.S.C. 804(2). The                        lack reliable, robust broadband internet                 70. In the R&O, in response to the
                                             Commission will send a copy of the                      access connectivity, including many                   public health emergency associated
                                             R&O, including this FRFA, to Congress                   low-income Americans and veterans,                    with the coronavirus disease (COVID–
                                             and the Government Accountability                       are not realizing the benefits of these               19), the Commission also establishes a
                                             Office pursuant to 5 U.S.C. 801(a)(1)(A).               innovative telehealth technologies.                   separate, emergency COVID–19
                                             In addition, the Commission will send                   Also, the costs necessary to provide                  Telehealth Program focused on
                                             a copy of the R&O, including the FRFA,                  connected care services may limit some                connected care in response to the
                                             to the Chief Counsel for Advocacy of the                health care providers’ ability to treat               ongoing COVID–19 pandemic and surge
                                             Small Business Administration.                          low-income Americans and veterans                     in demand for connected care services.
                                             C. Final Regulatory Flexibility Analysis                with connected care services.                         The Commission expects this additional
                                                                                                                                                           support will help eligible health care
                                                67. As required by the Regulatory                      69. Thus, in August 2018, the                       providers purchase broadband
                                             Flexibility Act of 1980 (RFA), as                       Commission released the Connected                     connectivity, network equipment and
                                             amended, the Federal Communications                     Care Notice of Inquiry, FCC 18–112                    information services to provide critical
                                             Commission (Commission) included an                     (NOI) seeking information on ‘‘how the                connected care services whether for
                                             Initial Regulatory Flexibility Analysis                 Commission can help advance and                       treatment of coronavirus or other health
                                             (IRFA) of the possible significant                      support the movement towards                          conditions during this time.
                                             economic impact on a substantial                        connected care everywhere and improve                    71. Summary of Significant Issues
                                             number of small entities by the policies                access to the life-saving broadband-                  Raised by Public Comments in Response
                                             and requirements proposed in the                        enabled telehealth services it makes                  to the IRFA. There were no comments
                                             NPRM in WC Docket No. 18–213. The                       possible.’’ Subsequently, in July 2019,               filed that specifically address the rules
                                             Commission sought written public                        the Commission adopted the NPRM that                  and policies proposed in the IRFA.
                                             comment on the proposals in the NPRM,                   proposed and sought comment on a                         72. Response to Comments by the
                                             including comment on the IRFA. The                      Pilot Program that would help defray                  Chief Counsel for Advocacy of the Small
                                             Commission did not receive any                          health care provider costs of providing               Business Administration. Pursuant to
                                             comments in response to the IRFA. This                  connected care services to low-income                 the Small Business Jobs Act of 2010,
                                             Final Regulatory Flexibility Analysis                   Americans and veterans. In the R&O,                   which amended the RFA, the
                                             (FRFA) conforms to the RFA.                             given the benefits of connected care                  Commission is required to respond to
                                                68. Need for, and Objectives of, the                 services provided through broadband                   any comments filed by the Chief
                                             Report and Order. In the                                connections, the Commission takes the                 Counsel of the Small Business
                                             Telecommunications Act of 1996 (1996                    important step of establishing a Pilot                Administration (SBA), and to provide a
                                             Act), Congress recognized the value of                  Program to explore whether and how                    detailed statement of any change made
                                             providing rural health care providers                   the Universal Service Fund (USF) can                  to the proposed rule(s) as a result of
                                             with ‘‘an affordable rate for the services              help defray health care providers’                    those comments. The Chief Counsel did
                                             necessary for the provision of                          qualifying costs of providing connected               not file any comments in response to the
                                             telemedicine and instruction relating to                care services, including low-income                   proposed policies and requirements in
                                             such services.’’ The 1996 Act mandated                  Americans and veterans. The ultimate                  the proceeding.
                                             that telecommunications carriers                        goal of the Pilot Program is to examine                  73. Description and Estimate of the
                                             provide telecommunications services for                 how USF support can be used to help                   Number of Small Entities to Which the
                                             health care purposes to rural public or                 health care providers improve health                  Rules Will Apply. The RFA directs
                                             nonprofit health care providers at rates                outcomes and reduce health care costs,                agencies to provide a description of and,
                                             that are ‘‘reasonably comparable’’ to                   thereby supporting efforts to advance                 where feasible, an estimate of the
                                             rates in urban areas. The 1996 Act also                 connected care initiatives. The                       number of small entities that may be
                                             directed the Commission to establish                    Commission expects that the Pilot                     affected by the proposed rules. The RFA
                                             competitively neutral rules to enhance,                 Program will benefit many eligible                    generally defines the term ‘‘small




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                                             to the extent technically feasible and                  patients who are responding to a wide                 entity’’ as having the same meaning as
                                             economically reasonable, access to                      variety of health challenges, such as                 the terms ‘‘small business,’’ ‘‘small
                                             ‘‘advanced telecommunications and                       diabetes management, opioid                           organization,’’ and ‘‘small governmental
                                             information services’’ for public and                   dependency, high-risk pregnancies,                    jurisdiction.’’ In addition, the term
                                             nonprofit health care providers. Based                  pediatric heart disease, mental health                ‘‘small business’’ has the same meaning
                                             on this legislative mandate, the                        conditions, and cancer. The                           as the term ‘‘small business concern’’
                                             Commission established the Rural                        Commission also expects that the Pilot                under the Small Business Act. A small


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                                                                 Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations                                         19905

                                             business concern is one that: (1) Is                    providers offering them services,                     entities. The Commission seeks to strike
                                             independently owned and operated; (2)                   including telecommunications service                  a balance between requiring applicants
                                             is not dominant in its field of operation;              providers, internet Service Providers,                to submit enough information that
                                             and (3) satisfies any additional criteria               and service providers of the services                 allows the selection high-quality, cost-
                                             established by the SBA.                                 and equipment used for dedicated                      effective pilot projects that would best
                                                74. Small Businesses, Small                          broadband networks.                                   further the goals of the Pilot Program,
                                             Organizations, Small Governmental                          78. Description of Projected                       but also minimizing the administrative
                                             Jurisdictions. The Commission actions,                  Reporting, Recordkeeping, and Other                   burdens on entities that seek to apply.
                                             over time, may affect small entities that               Compliance Requirements for Small                     The R&O provides specific information
                                             are not easily categorized at present.                  Entities. In the R&O, the Commission                  that health care providers are required
                                             Therefore, at the outset, three broad                   establishes a Pilot Program within the                to submit in their applications for each
                                             groups of small entities that could be                  USF that will make available up to $100               pilot project proposal, including, but
                                             directly affected herein. First, while                  million over three years to help defray               not limited to, information on the
                                             there are industry specific size                        eligible health care providers’ costs of              participating health care provider(s),
                                             standards for small businesses that are                 providing connected care services                     description of the pilot project and how
                                             used in the regulatory flexibility                      primarily to low-income or veteran                    it would further the goals of the Pilot
                                             analysis, according to data from the                    patients for purposes of connected care.              Program, estimated pilot project budget,
                                             SBA’s Office of Advocacy, in general a                  The Commission also establishes an                    patient populations and the geographic
                                             small business is an independent                        COVID–19 Telehealth Program funded                    areas to be served and health conditions
                                             business having fewer than 500                          through a $200 million Congressional                  to be treated. The R&O also establishes
                                             employees. These types of small                         appropriation under the Coronavirus                   a streamlined application process for
                                             businesses represent 99.9% of all                       Aid, Relief, and Economic Security                    the COVID–19 Telehealth Program in
                                             businesses in the United States, which                  (CARES) Act, Public Law 116–136, 134                  order to more expeditiously address the
                                             translates to 30.7 million businesses.                  Stat. 281, for COVID–19 relief to help                needs of health care providers affected
                                                75. Next, the type of small entity                   eligible health care providers meet the               by the coronavirus epidemic.
                                             described as a ‘‘small organization’’ is                health care needs of their patients
                                             generally ‘‘any not-for-profit enterprise                                                                        80. After evaluation of the pilot
                                                                                                     during the COVID–19 pandemic. The
                                             which is independently owned and                                                                              program applications, the Bureau will
                                                                                                     Pilot Program is structured to target
                                             operated and is not dominant in its                                                                           announce the selected pilot projects and
                                                                                                     funding to eligible health care providers
                                             field.’’ The Internal Revenue Service                   serving patients that are most likely to              provide further information on the
                                             (IRS) uses a revenue benchmark of                       need USF support for connected care                   specific requirements for the Pilot
                                             $50,000 or less to delineate its annual                 services, and to ensure that the Pilot                Program. Selected pilot program
                                             electronic filing requirements for small                Program provides meaningful,                          participants will be required to conduct
                                             exempt organizations. Nationwide, for                   measurable data. To participate in the                a competitive bidding process (unless a
                                             tax year 2018, there were approximately                 Pilot Program, health care providers                  competitive bidding exemption applies),
                                             571,709 small exempt organizations in                   must satisfy the definition of an eligible            including submitting the required
                                             the U.S. reporting revenues of $50,000                  health care provider under section                    competitive bidding forms, for the
                                             or less according to the registration and               254(h)(7)(B) of the Act and receive an                eligible equipment and services that are
                                             tax data for exempt organizations                       eligibility determination from the                    supported through the Pilot Program.
                                             available from the IRS.                                 Universal Service Administrative                      Participating health care providers will
                                                76. Finally, the small entity described              Company (USAC), the administrator of                  then be required to submit a request for
                                             as a ‘‘small governmental jurisdiction’’                the USF programs. Applicants must                     funding with USAC with specific
                                             is defined generally as ‘‘governments of                then submit an application to the                     pricing and service information, and
                                             cities, counties, towns, townships,                     Commission regarding their pilot                      will also be required to submit invoicing
                                             villages, school districts, or special                  projects by the application deadline                  forms and supporting documentation on
                                             districts, with a population of less than               ultimately established for the Pilot                  a monthly basis for the supported
                                             fifty thousand.’’ U.S. Census Bureau                    Program. While the COVID–19                           equipment and services. Participating
                                             data from the 2017 Census of                            Telehealth Program is structured a bit                health care providers will also be
                                             Governments indicate that there were                    differently than the Pilot Program,                   required to periodically submit data to
                                             90,075 local governmental jurisdictions                 applicants for both programs will be                  the Bureau concerning their pilot
                                             consisting of general purpose                           required to certify that they will comply             project after each year of funding during
                                             governments and special purpose                         with all applicable Pilot Program                     the three-year period of the pilot project,
                                             governments in the United States. Of                    requirements and procedures.                          and will also be required to submit a
                                             this number there were 36,931 general                   Applicants among other things, will also              final report concerning their pilot
                                             purpose governments (county,                            be required to comply with the Health                 projects. For the COVID–19 Telehealth
                                             municipal and town or township) with                    Insurance Portability and                             Program, within six months after the
                                             populations of less than 50,000 and                     Accountability Act (HIPAA) and other                  conclusion of the COVID–19 Telehealth
                                             12,040 special purpose governments—                     applicable privacy and reimbursement                  Program, participants should provide a
                                             independent school districts with                       laws and regulations, and applicable                  report to the Commission on the
                                             enrollment populations of less than                     medical licensing laws and regulations,               effectiveness of the program. While
                                             50,000. Accordingly, based on the 2017                  as well as all applicable Pilot Program               some of the requirements of the Pilot
                                             U.S. Census of Governments data, the                    requirements and procedures, including                Program and the COVID–19 Telehealth




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                                             Commission estimates that at least                      document retention requirements,                      Program will result in additional
                                             48,971 entities fall into the category of               subject to audit.                                     recordkeeping and compliance
                                             ‘‘small governmental jurisdictions.’’                      79. As part of Pilot Program, the                  requirements for small entities, the
                                                77. The small entities that may be                   Commission seeks a diverse set of pilot               Commission has determined that the
                                             affected by the reforms include eligible                projects from a wide variety of eligible              benefits of establishing these programs
                                             nonprofit and public health care                        health care providers and eligible                    outweighs the burden of any increased
                                             providers and the eligible service                      service providers, including small                    recordkeeping and compliance


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                                             19906               Federal Register / Vol. 85, No. 69 / Thursday, April 9, 2020 / Rules and Regulations

                                             requirements for those small entities                   health care providers that participate in             shall become effective April 9, 2020
                                             that choose to participate in the Pilot                 the Pilot Program will be required to                 pursuant to 5 U.S.C. 553(d) and 5 U.S.C.
                                             Program and the COVID–19 Telehealth                     collect and submit data to the                        808(2) and the portions containing
                                             Program. Additionally, the requirements                 Commission at designated intervals                    information collection requirements that
                                             are intended to ensure universal service                during the Pilot Program. The                         have not been approved by the Office of
                                             funds are used for their intended                       Commission has yet established metrics                Budget and Management (OMB).
                                             purpose and designed so that the                        to measure the Pilot Program goals and                   84. It is further ordered that
                                             Commission can obtain meaningful data                   seek information from applicants on the               applications to participate in the
                                             to evaluate the Pilot Program and inform                metrics plans to use and how plans to                 COVID–19 Telehealth Program shall be
                                             the policy decisions.                                   collect those metrics in order to                     filed after the Wireline Competition
                                                81. Steps Taken to Minimize the                      minimize any impact on small entities                 Bureau issues a public notice
                                             Significant Economic Impact on Small                    when establishing metrics for the Pilot               announcing the date when applications
                                             Entities and Significant Alternatives                   Program. The collection of this                       will be accepted and instructions for
                                             Considered. The RFA requires an                         information, however, is necessary to                 filing applications with the
                                             agency to describe any significant                      evaluate the impact of the Pilot                      Commission. This date will be after
                                             alternatives that it has considered in                  Program, including whether the Pilot                  April 9, 2020.
                                             reaching its proposed approach, which                   Program achieves its goals. Thus, the
                                             may include (among others) the                                                                                   85. It is further ordered that, pursuant
                                                                                                     benefits of collecting this information
                                             following four alternatives: (1) The                                                                          to the Paperwork Reduction Act of 1995,
                                                                                                     outweigh any significant economic
                                             establishment of differing compliance or                                                                      Section 3507(d), the Connected Care
                                                                                                     impact on small entities. Moreover, the
                                             reporting requirements or timetables                                                                          Pilot Program information collection
                                                                                                     Commission sought comment on the
                                             that take into account the resources                                                                          requirements shall become effective
                                                                                                     IRFA and did not receive any comments
                                             available to small entities; (2) the                    in response to the IRFA. Further, in                  after announcement in the Federal
                                             clarification, consolidation, or                        order to minimize the economic impact                 Register of Office of Management and
                                             simplification of compliance or                         on small entities, the Commission                     Budget approval of the rules, and on the
                                             reporting requirements under the rule                   establishes an emergency COVID–19                     effective date announced therein.
                                             for small entities; (3) the use of                      Telehealth Program, which is one piece                   86. It is further ordered that
                                             performance, rather than design,                        of a comprehensive approach to                        applications to participate in the
                                             standards; and (4) an exemption from                    reducing barriers to telehealth services              Connected Care Pilot Program shall be
                                             coverage of the rule, or any part thereof,              for patients and health care facilities               filed 45 days after the effective date of
                                             for small entities.                                     throughout the country to provide relief              the Connected Care Pilot Program rules
                                                82. The Pilot Program is for a discrete,             related to the COVID–19 pandemic. The                 or July 31, 2020, whichever comes later.
                                             limited period of time. The Commission                  Commission therefore believes that the                   87. It is further ordered that the
                                             expects to apply the Commission’s rules                 requirements of the R&O will not have                 Commission’s Consumer and
                                             applicable to the Healthcare Connect                    a significant economic impact on a                    Governmental Affairs Bureau, Reference
                                             Fund Program to the Pilot Program,                      substantial number of small entities.                 Information Center, shall send a copy of
                                             which some entities may already be                                                                            the R&O, including the Final Regulatory
                                             familiar with if they currently                         V. Ordering Clauses
                                                                                                                                                           Flexibility Analysis, to the Chief
                                             participate in the Healthcare Connect                     83. Accordingly, it is ordered that,                Counsel for Advocacy of the Small
                                             Fund Program. With no expectation of                    pursuant to the authority contained in                Business Administration.
                                             the small entities to be                                sections 201, 254, 303(r), and 403 of the                88. It is further ordered that the
                                             disproportionately impacted. In                         Communications Act of 1934, as                        Commission shall send a copy of the
                                             evaluating the applications, the                        amended, 47 U.S.C. 201, 254, 303(r),                  R&O to the Congress and the
                                             Commission seeks to select a diverse set                and 403, and DIVISION B of the                        Government Accountability Office
                                             of pilot projects and will consider                     Coronavirus Aid, Relief, and Economic                 pursuant to the Congressional Review
                                             whether the proposed pilot projects                     Security Act, Public Law 116–136, 134                 Act, see 5 U.S.C. 801(a)(1)(A).
                                             promotes entrepreneurs and other small                  Stat. 281, the Report and Order is
                                             businesses in the provision and                         adopted and shall become effective May                Federal Communications Commission.
                                             ownership of telecommunications and                     11, 2020, pursuant to 47 U.S.C. 408,                  Cecilia Sigmund,
                                             information services, including those                   with the exception of those portions                  Federal Register Liaison Officer.
                                             that may be socially and economically                   related to the COVID–19 Telehealth                    [FR Doc. 2020–07587 Filed 4–8–20; 8:45 am]
                                             disadvantaged businesses. All eligible                  Program in the Report and Order which                 BILLING CODE 6712–01–P




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