In light of the COVID-19 pandemic, Congress and the Federal Communications Commission (FCC) have ramped up efforts to subsidize the provision of the telecommunications and broadband services necessary to deliver telehealth solutions. This includes steps to make it easier for eligible health care providers to secure funding under the FCC’s existing Rural Healthcare (RHC) program, developing procedures for tapping into a new $200 million COVID-19 Telehealth Fund, and launching a pilot program intended to help eligible health care providers deliver online (connected) care to a greater number of low-income patients and veterans.

The FCC’s Rural Healthcare Program (approx. 600-$700 million per year)

Recognizing that hospitals and other health care providers in rural areas face unique connectivity challenges, nearly 25 years ago Congress directed the FCC to establish its Rural Healthcare (“RHC”) program.

Under the RHC program, the FCC provides funding to eligible health care providers for the purchase of telecommunications and broadband services at substantial discounts compared to commercial rates. Generally, eligible providers are not-for-profit or public providers located in rural areas, although funding also is available for consortia with membership of both rural and non-rural health care providers in some circumstances.

The RHC program has grown increasingly popular in recent years, with over $700 million in support committed for expenditures in 2019 alone. Funds for the program come from fees that virtually all American consumers and businesses pay into the federal Universal Service Fund (“USF”), through assessments on certain forms of mobile and landline phone service.

COVID-19 Telehealth Program ($200 million)

The CARES Act appropriated $200 million that is funding a new COVID-19 Telehealth Program by the FCC. Unlike RHC Program funding, funds under this new temporary program will be open to health care providers whether they serve urban or rural areas. Funds can be used to support the purchase of telecommunications, broadband services, and connected devices to provide connected care services in response to the coronavirus pandemic.

The FCC anticipates providing up to $1 million per eligible provider that applies for funding, with funding awarded on a rolling basis until exhausted. In a deviation from procedures for the RHC program generally, the FCC will not require providers to seek competitive bids for the services they buy with this funding. On April 8, the FCC issued detailed guidance for prospective applicants and it announced today that the agency would begin accepting applications on Monday, April 13.

Connected Care Pilot Program ($100 million)

At the same time that it established the COVID-19 Telehealth Program, the FCC took steps to establish a Connected Care Pilot Program under its existing universal service authority. The Pilot Program will make $100 million available over three years to pay 85% of costs of broadband connectivity, network equipment, and other information services necessary for an eligible health care provider to provide connected care services—particularly to low-income households and/or veterans. Application deadlines will be announced, and the process for distributing funding is not expected to occur as quickly as it will for the COVID-19 Telehealth Program.

Tags: CARES Act, COVID-19, FCC, Telehealth
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Photo of Matthew DelNero Matthew DelNero

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy…

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy challenges.

Matt serves as co-chair of Covington’s Technology & Communications Regulation (“TechComm”) Practice Group and co-chair of the firm’s Diversity & Inclusion initiative.

Matt advises clients on the full range of issues impacting telecommunications, technology and media providers today, including:

  • Structuring and securing FCC and other regulatory approvals for media and telecommunications transactions.
  • Conducting regulatory due diligence for transactions in the telecommunications, media, and technology sectors.
  • Obtaining approval for foreign investment in broadcasters and telecommunications providers.
  • Universal Service Fund (USF) programs, including the FCC’s Rural Digital Opportunities Fund (RDOF).
  • FCC enforcement actions and inquiries.
  • Online video accessibility, including under the Communications and Video Accessibility Act (CVAA) and Americans with Disabilities Act (ADA).
  • Equipment authorizations for IoT and other devices.
  • Spectrum policy and auctions, including for 5G.
  • Privacy and data protection, with a focus on telecommunications and broadband providers.

Matt also maintains an active pro bono practice representing LGBTQ+ asylum seekers, as well as veterans petitioning for discharge upgrades—including discharges under ‘Don’t Ask, Don’t Tell’ and predecessor policies that targeted LGBTQ+ servicemembers.

Prior to rejoining Covington in January 2017, Matt served as Chief of the FCC’s Wireline Competition Bureau. He played a leading role in development of policies around net neutrality, broadband privacy, and broadband deployment and affordability under the federal Universal Service Fund (USF).

Chambers USA has recognized Matt as a “go-to attorney for complex matters before the FCC and other federal agencies, drawing on impressive former government experience.”

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Photo of Yaron Dori Yaron Dori

Yaron Dori has over 20 years of experience in telecommunications, privacy, and consumer protection law, advising telecom, technology, life sciences, media and other types of companies on their most pressing business challenges. He is a former chair of the Communications and Media practice…

Yaron Dori has over 20 years of experience in telecommunications, privacy, and consumer protection law, advising telecom, technology, life sciences, media and other types of companies on their most pressing business challenges. He is a former chair of the Communications and Media practice group and currently serves as a member of the firm’s eight-person Management Committee.

Yaron’s practice focuses on strategic planning, policy development, transactions, investigations and enforcement, and regulatory compliance.

He represents clients before federal regulatory agencies—including the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC)—and the U.S. Congress in connection with a range of policy issues under the Communications Act, the Federal Trade Commission Act, and similar statutes. He also represents clients on state regulatory and enforcement matters, including those that pertain to telecommunications and data privacy regulation. His unique experience in telecommunications, privacy, and consumer protection enables him to advise clients on key business issues in which these areas intersect.

With respect to telecommunications matters, Yaron advises clients on a broad range of business, policy and consumer-facing issues, including:

  • Broadband deployment and regulation;
  • IP-enabled applications, services and content;
  • Equipment and device authorization procedures;
  • The Communications Assistance for Law Enforcement Act (CALEA);
  • Customer Proprietary Network Information (CPNI) requirements;
  • The Cable Privacy Act
  • Net Neutrality; and
  • Local competition, universal service, and intercarrier compensation.

Yaron also has extensive experience in structuring transactions and securing regulatory approvals at both the federal and state levels for mergers, asset acquisitions and similar transactions involving large and small FCC and state licensees.

With respect to privacy and consumer protection matters, Yaron advises clients on a range of business, strategic, policy and compliance issues, including those that pertain to:

  • The California Consumer Privacy Act (CCPA);
  • The Electronic Communications Privacy Act (ECPA);
  • Location-based services that use WiFi, beacons or similar technologies;
  • Online Behavioral Advertising;
  • Online advertising practices, including native advertising and endorsements and testimonials; and
  • The application of federal and state telemarketing, commercial fax, and other consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), to voice, text, and video transmissions.

Yaron also has experience advising companies on FCC (Enforcement Bureau), FTC and state attorney general investigations into various consumer protection and communications matters, including those pertaining to social media influencers, digital disclosures, product discontinuance, and advertising claims.

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