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It does not constitute medical advice, diagnosis, or treatment recommendations

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We note that the False Claims Act (FCA), from which the language of the knowledge standard adopted by CMS with this rule originates, is supported by an existing body of False Claims Act caselaw and examples

We believe permanently extending this flexibility would meaningfully promote access to care for the Medicare population, as supported by our analysis of claims data showing the proportion of telephonic audio-only visits increases with the age of the patient, with 17-percent of visits delivered via audio-only interaction for patients 41-60 years of age, 30-percent for patients 61 to 80 years of age, and 47 percent of visits for patients over 81 years of age