Wireline Competition Bureau Seeks Comment on Covid-19 Telehealth Program Application Evaluation Metrics, 8356-8359 [2021-02255]
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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices
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[WC Docket No. 20–89; DA 21–14; FRS
17428]
ENVIRONMENTAL PROTECTION
AGENCY
Wireline Competition Bureau Seeks
Comment on Covid-19 Telehealth
Program Application Evaluation
Metrics
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[ER–FRL–9055–2]
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
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Federal Communications
Commission.
ACTION: Notice.
AGENCY:
Environmental Impact Statements;
Notice of Availability
In this document, the
Wireline Competition Bureau (Bureau)
seeks comments on the metrics the
Commission should use to evaluate
SUMMARY:
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applications for funding and how the
Commission should treat applications
filed during the funding rounds for
awards from the COVID–19 Telehealth
Program using amounts appropriated
under the CARES Act.
DATES: Comments were initially due by
January 19, 2021. The Bureau will
continue to accept comments on the
metrics at any time.
ADDRESSES: You may submit comments,
identified by WC Docket No. 20–89, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Æ Filings can be sent by commercial
overnight courier or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Æ Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
Æ U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street, NE,
Washington, DC 20554.
Æ Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
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send an email to fcc504@fcc.gov or call
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For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephanie Minnock, Assistant Division
Chief, Telecommunications Access
Policy Division, Wireline Competition
Bureau, stephanie.minnock@fcc.gov or
202–418–7400 or TTY: 202–418–0484.
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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices
This is a
synopsis of the Commission’s Public
Notice in WC Docket No. 20–89; DA 21–
14 released January 6, 2021. Due to the
COVID–19 pandemic, the Commission’s
headquarters will be closed to the
general public until further notice. The
full text of this document is available at
the following internet address: https://
docs.fcc.gov/public/attachments/DA-2114A1.pdf. The proceeding shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
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SUPPLEMENTARY INFORMATION:
I. Introduction
1. Telehealth is a critical tool in the
fight against the ongoing COVID–19
pandemic. It can allow medical
professionals to monitor non-critical
COVID patients in a non-clinical setting,
reduce demands on hospital staff and
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18:53 Feb 04, 2021
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supplies, and avoid potential exposure
to the coronavirus for patients seeking
treatment for other conditions. The
Commission’s COVID–19 Telehealth
Program awarded $200 million Congress
previously appropriated for that
purpose, targeting applications from
providers in the hardest hit areas that
would have the greatest impact on the
pandemic. However, demand for the
program significantly exceeded
available funding.
2. To build on the success of the
Commission’s COVID–19 Telehealth
Program, in the Consolidated
Appropriations Act, 2021 Congress
appropriated an additional $249.95
million for the Program. The Act
requires the Commission to seek
comment on ‘‘the metrics the
Commission should use to evaluate
applications for funding’’ and ‘‘how the
Commission should treat applications
filed during the funding rounds for
awards from the COVID–19 Telehealth
Program using amounts appropriated
under the CARES Act . . . .’’ Through
the Public Notice, the Bureau seeks
comments on these matters, as well as
how to meet the Act’s other
requirements for the COVID–19
Telehealth Program and other
improvements to the application,
review, and invoicing process.
II. Request for Comment
3. Prioritizing Round 2 Funding. The
Act directs the Commission to seek
comment on the metrics used to
evaluate applications for Round 2
Program funding. During Round 1, the
Bureau evaluated the Program
applications on a rolling basis, targeting
funding to areas that were hardest hit by
COVID–19 and where the support
would have the most impact on
addressing health care needs. Although
Round 1 funding was not targeted
toward specific medical conditions,
patient populations, or geographic areas,
the Commission strongly encouraged
applicants to target the funding received
to high-risk and vulnerable patients to
the extent practicable. The Commission
encouraged applicants under preexisting strain (e.g., providing care for a
large underserved or low-income patient
population, facing health care provider
shortages, or dealing with rural hospital
closures) to document such factors in
their applications. The Commission
directed the Bureau to select as many
applicants as reasonably possible within
the funding appropriated by the CARES
Act. To ensure that as many applicants
as possible receive available funding,
the Commission did not anticipate
awarding more than $1 million to any
single applicant.
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4. The Bureau seeks comments on
whether to continue to target funding to
health care providers in areas ‘‘hardest
hit’’ by COVID–19 at the time of the
funding decision. During Round 1, the
pandemic impacted some regions much
more severely than others, thus allowing
the Bureau to identify particular
hotspots that were ‘‘hardest hit’’ in
comparison to other parts of the country
by referencing data published and
collected by Johns Hopkins. Given the
broader infection rate currently in the
U.S., should the Bureau continue to
target funding to hardest hit areas? If so,
how should the ‘‘hardest hit’’ areas be
defined?
5. Similarly, in Round 1 the
Commission targeted funding to health
care providers under pre-existing strain,
which included health care providers
that were facing difficulty providing
telehealth services prior to the
pandemic. In Round 2, what weight
should the Bureau give pre-existing
strain faced by applicant health care
providers? Should pre-existing strains
be distinguished from pandemic-related
strains many providers now face?
6. During Round 1 of the Program, the
Commission ‘‘did not anticipate
awarding more than $1 million’’ per
applicant to ensure that as many
applicants as possible receive funding.
Should the Bureau maintain this
approach? How should the Bureau
address applications filed by statewide
entities, large health care providers or
health care provider systems with
numerous sites?
7. Are there other equitable
limitations that will help the Program
spread funding to a greater number of
health care providers without sacrificing
the needs of larger health care providers
struggling to treat patients during the
pandemic? Should applicants from
Round 1 that did not receive $1 million
be eligible to receive additional
funding? Should applicants from Round
1 that did receive $1 million be eligible
to receive additional support in Round
2?
8. Are there any other metrics the
Bureau should use to prioritize
applications during the evaluation
process? Should the Bureau prioritize
health care providers serving a large
percentage of COVID–19 patients? Are
there specific types of telehealth and
connected care services that should be
prioritized? Should the Bureau
prioritize applications from health care
providers that seek funding to treat
specific at-risk populations, such as
Tribal, low-income, or rural
communities? If so, how should those
populations be defined? Should these
applicants be prioritized only if a
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certain percentage of their patient base,
i.e., the total amount of patients who
visited a facility in a year, is at-risk?
What percentage would be reasonable to
achieve the goal of prioritizing funding
for at-risk populations? Are there other
criteria the Bureau should prioritize?
9. Ensuring Nationwide Distribution
of Funding. The Act directs the
Commission, to the extent feasible, to
ensure ‘‘that not less than 1 applicant in
each of the 50 States and the District of
Columbia has received funding’’ from
the Program since the program’s
inception, ‘‘unless there is no such
applicant eligible for assistance in a
State or in the District of Columbia.’’ To
fulfill this requirement, the Bureau
proposes accepting Round 2
applications and establishing an
application filing window rather than
accepting applications on a rolling
basis. Although accepting and
evaluating applications on a rolling
basis allowed the Bureau to quickly
review applications and issue funding
commitments for the funding
appropriated by the CARES Act, this
evaluation method will not ensure that
funding will be available for applicants
in each State and the District of
Columbia. Establishing an application
filing window would allow the Bureau
to prioritize applications using predefined evaluation metrics and ensure
that funding is provided, to the extent
feasible, to at least one applicant in each
of the 50 states and the District of
Columbia. This approach would also
provide all applicants the same period
of time to prepare and file applications.
The Bureau seeks comments on this
approach. If an application filing
window is established, how long should
the window remain open?
10. Is there an alternative approach
that would ensure that the Commission
meets this legislative provision? Should
the Bureau instead continue to accept
applications on a rolling basis, but set
aside a portion of funding, e.g., $1
million for each state and the District of
Columbia, to ensure that an applicant
from each State and the District of
Columbia receive Round 2 funding?
11. Treatment of Round 1
Applications. The Act directs the
Commission to seek comment on ‘‘how
the Commission should treat
applications filed during’’ Round 1 of
the Program. The Act also requires the
Commission to allow an applicant who
filed an application during Round 1
‘‘the opportunity to update or amend
that application as necessary.’’
12. The Bureau proposes to require
applicants to update and resubmit
applications that were filed during
Round 1 if they want them to be
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18:53 Feb 04, 2021
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considered for Round 2. The Bureau
proposes that Round 1 applications that
are not resubmitted during the filing
window will not be considered for
Round 2. The Bureau makes this
proposal because many of the remaining
Round 1 applications need to be
refreshed and some require substantial
amendments. From April to June 2020,
the Commission received thousands of
applications for Round 1, and
committed funding to 539 applicants
before the available funding was
exhausted. Many of the remaining
applications are from ineligible entities
or require substantial supplementation
to be considered materially complete.
Some applicants no longer need funding
because they received support for
telehealth services from other sources.
And, because these applications were
filed between April and June 2020, all
the remaining applications contain stale
information—COVID–19 infection rates
in many areas were dramatically lower
at that time than they are today, the
pandemic was less widespread, and
health care providers have had time to
refine their strategies for providing
services during the pandemic, making it
likely that these applicants would, given
the opportunity, request different
amounts and types of connected devices
and eligible services. The Bureau seeks
comments on this approach.
13. The Bureau also proposes this
approach because the application
system used during Round 1 of the
Program, which was developed quickly
given the emergency situation, is
functionally limited, and is not
designed to let applicants amend or
update their applications after they have
been filed. In addition, certain
information required to comply with the
Act, such as the new evaluation criteria,
was not collected in Round 1. Thus, it
would be less burdensome for both
Round 1 applicants and Commission
staff to have Round 1 applicants submit
new applications during the Round 2
filing window than to update Round 1
applications in the existing portal.
Requiring Round 1 applicants to submit
new applicants will increase the speed
at which Commission or Universal
Service Administrative Company
(USAC) staff are able to process and
award Round 2 funding. Therefore, the
Bureau proposes requiring Round 1
applicants that continue to seek funding
to update or amend their applications
by submitting a new application for
Round 2.
14. Should the Bureau review Round
2 applications filed by Round 1
applicants before evaluating
applications from new entities during
the Round 2 review process? Should the
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Bureau prioritize funding applications
submitted during Round 2 by applicants
that applied, but did not receive any or
all of the requested funding, during
Round 1? Relatedly, how should the
Bureau treat applicants for Round 2
funding that received the full amount of
their requested funding during Round
1?
15. Additional Program
Improvements. During the process of
standing up this Program, the Bureau
learned valuable lessons about the
unique needs of connected care and
health care providers. To build on the
lessons learned during Round 1, the
Bureau proposes updating the Program’s
application and invoicing processes and
seeks comments on implementing these
proposed improvements during Round
2. Specifically, the Bureau proposes
using the Universal Service
Administrative Company (USAC) to
assist in administering the remaining
work necessary to complete Round 1 of
the Program as well as Round 2. The
Bureau further proposes directing USAC
to update the portal that will be used by
Round 2 applicants, including Round 1
applicants that wish to renew their
request for funding under the Program,
to submit applications for the funding
appropriated by the Act; to conduct an
initial review of Round 2 invoices; and
to provide outreach and guidance about
the application process to applicants.
Updating the portal will ensure that all
applicants provide the information
needed for review under the updated
Round 2 application evaluation metrics,
facilitate program administration, and
reduce administrative burdens on both
applicants and Commission staff.
However, under this approach
Commission staff would make final
funding determinations, subject to the
requirements of the Act. The Bureau
seeks comments on this approach.
16. During Round 1, applicants were
required to file FCC Forms 460 to obtain
eligibility determinations for all
participating health care provider sites.
As part of the eligibility determination
process, health care provider sites
seeking an eligibility determination
were assigned a health care provider
number by USAC. The Bureau found
that requiring health care providers to
file FCC Forms 460 for each site delayed
our ability to move quickly on many
applications, especially those
applications with a large number of sites
in need of eligibility determinations.
Using a different method to determine
whether a site is eligible could reduce
the administrative burden on
applications, the Commission, and
USAC during the application review
process. Accordingly, the Bureau seeks
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comments on directing USAC to include
eligibility review as part of the
application process, but not requiring
applicants to file FCC Forms 460. Are
there other means of identifying health
care providers and determining their
eligibility for support in the program
that should be considered?
17. Finally, are there additional
improvements the Bureau should
consider making to the application,
review, and invoicing processes? For
example, during the Round 1
application process, applicants were
required to submit documentation
demonstrating that funding requests
were for equipment and services eligible
for Program support, and funding
commitments were made based on the
anticipated costs of the eligible services
requested on their applications. After
receiving Round 1 commitments,
however, some health care providers
seeking support for eligible services and
equipment experienced supply chain
disruptions and equipment shortages,
while other health care providers
determined that, due to shifting
pandemic response strategies, they
needed different services or equipment
than those requested in their
application. Anticipating these issues,
the Commission gave health care
providers flexibility to respond to
changing circumstances by not requiring
health care providers that received
funding commitments to purchase only
the services and connected devices
identified in their applications.
Accordingly, health care providers that
received funding commitments may
have been allowed to substitute
vendors, eligible services, and/or
eligible connected devices as long as the
substituted items are eligible and the
total amount sought for reimbursement
does not exceed the commitment
amount.
18. Should the Bureau maintain this
flexibility, but streamline the
application process by requiring
applicants demonstrate the eligibility of
the connected devices and services
purchased using Round 2 support only
during the invoicing process? Are health
care providers still experiencing supply
chain delays or noticing shortages of
certain connected devices? Have health
care providers’ pandemic response
strategies solidified to the point where
they will be able to accurately identify
the telecommunication services,
information services, or connected
devices needed on their application for
Round 2? If the Bureau does not require
applicants to demonstrate the eligibility
of the services and connected devices
for which they seek funding on their
applications during Round 2, what
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18:53 Feb 04, 2021
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documentation or demonstration should
the Bureau require the applicant to
submit to demonstrate that they will use
the funding requested for services and
devices that are eligible for support?
What safeguards should the Bureau
consider implementing to ensure that
this proposal does not lead to waste,
fraud, or abuse of Program funding?
Should additional certifications be
required on applications and for each
invoice to ensure applicants/awardees
understand what is expected of them
and the potential penalties for waste,
fraud, or abuse? Relatedly, should a list
of eligible and ineligible equipment and
services to provide applicants with
specific guidance on what may be
requested for reimbursement be
published?
Federal Communications Commission.
Cheryl L. Callahan,
Assistant Chief, Telecommunications Access
Policy Division, Wireline Competition Bureau.
[FR Doc. 2021–02255 Filed 2–4–21; 8:45 am]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0018; Docket No.
2020–0053; Sequence No. 18]
Submission for OMB Review; Federal
Acquisition Regulation Part 3:
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Personal Conflicts of Interest
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
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ACTION: Notice.
AGENCY:
Under the provisions of the
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improper business practices and
personal conflicts of interest.
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ADDRESSES: Written comments and
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collection should be sent within 30 days
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www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
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8359
Review—Open for Public Comments’’ or
by using the search function.
Additionally, submit a copy to GSA
through https://www.regulations.gov
and follow the instructions on the site.
This website provides the ability to type
short comments directly into the
comment field or attach a file for
lengthier comments.
Instructions: All items submitted
must cite ‘‘OMB Control No. 9000–0018,
Federal Acquisition Regulation Part 3:
Improper Business Practices and
Personal Conflicts of Interest.’’
Comments received generally will be
posted without change to https://
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personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov
approximately two-to- three days after
submission to verify posting. If there are
difficulties submitting comments,
contact the GSA Regulatory Secretariat
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GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hawes, Procurement Analyst, at
telephone 202–969–7386, or
jennifer.hawes@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and any
Associated Form(s)
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Regulation Part 3: Improper Business
Practices and Personal Conflicts of
Interest.
B. Need and Uses
DoD, GSA, and NASA are combining
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This justification supports the
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Agencies
[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8356-8359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02255]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[WC Docket No. 20-89; DA 21-14; FRS 17428]
Wireline Competition Bureau Seeks Comment on Covid-19 Telehealth
Program Application Evaluation Metrics
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks comments on the metrics the Commission should use to evaluate
applications for funding and how the Commission should treat
applications filed during the funding rounds for awards from the COVID-
19 Telehealth Program using amounts appropriated under the CARES Act.
DATES: Comments were initially due by January 19, 2021. The Bureau will
continue to accept comments on the metrics at any time.
ADDRESSES: You may submit comments, identified by WC Docket No. 20-89,
by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by commercial overnight courier or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 45 L Street, NE, Washington, DC 20554.
[cir] Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stephanie Minnock, Assistant Division
Chief, Telecommunications Access Policy Division, Wireline Competition
Bureau, [email protected] or 202-418-7400 or TTY: 202-418-0484.
[[Page 8357]]
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Public Notice in WC Docket No. 20-89; DA 21-14 released January 6,
2021. Due to the COVID-19 pandemic, the Commission's headquarters will
be closed to the general public until further notice. The full text of
this document is available at the following internet address: https://docs.fcc.gov/public/attachments/DA-21-14A1.pdf. The proceeding shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. Persons making ex parte presentations must
file a copy of any written presentation or a memorandum summarizing any
oral presentation within two business days after the presentation
(unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must (1) list all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule Sec. 1.1206(b). In proceedings governed
by rule Sec. 1.49(f) or for which the Commission has made available a
method of electronic filing, written ex parte presentations and
memoranda summarizing oral ex parte presentations, and all attachments
thereto, must be filed through the electronic comment filing system
available for that proceeding, and must be filed in their native format
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this
proceeding should familiarize themselves with the Commission's ex parte
rules.
I. Introduction
1. Telehealth is a critical tool in the fight against the ongoing
COVID-19 pandemic. It can allow medical professionals to monitor non-
critical COVID patients in a non-clinical setting, reduce demands on
hospital staff and supplies, and avoid potential exposure to the
coronavirus for patients seeking treatment for other conditions. The
Commission's COVID-19 Telehealth Program awarded $200 million Congress
previously appropriated for that purpose, targeting applications from
providers in the hardest hit areas that would have the greatest impact
on the pandemic. However, demand for the program significantly exceeded
available funding.
2. To build on the success of the Commission's COVID-19 Telehealth
Program, in the Consolidated Appropriations Act, 2021 Congress
appropriated an additional $249.95 million for the Program. The Act
requires the Commission to seek comment on ``the metrics the Commission
should use to evaluate applications for funding'' and ``how the
Commission should treat applications filed during the funding rounds
for awards from the COVID-19 Telehealth Program using amounts
appropriated under the CARES Act . . . .'' Through the Public Notice,
the Bureau seeks comments on these matters, as well as how to meet the
Act's other requirements for the COVID-19 Telehealth Program and other
improvements to the application, review, and invoicing process.
II. Request for Comment
3. Prioritizing Round 2 Funding. The Act directs the Commission to
seek comment on the metrics used to evaluate applications for Round 2
Program funding. During Round 1, the Bureau evaluated the Program
applications on a rolling basis, targeting funding to areas that were
hardest hit by COVID-19 and where the support would have the most
impact on addressing health care needs. Although Round 1 funding was
not targeted toward specific medical conditions, patient populations,
or geographic areas, the Commission strongly encouraged applicants to
target the funding received to high-risk and vulnerable patients to the
extent practicable. The Commission encouraged applicants under pre-
existing strain (e.g., providing care for a large underserved or low-
income patient population, facing health care provider shortages, or
dealing with rural hospital closures) to document such factors in their
applications. The Commission directed the Bureau to select as many
applicants as reasonably possible within the funding appropriated by
the CARES Act. To ensure that as many applicants as possible receive
available funding, the Commission did not anticipate awarding more than
$1 million to any single applicant.
4. The Bureau seeks comments on whether to continue to target
funding to health care providers in areas ``hardest hit'' by COVID-19
at the time of the funding decision. During Round 1, the pandemic
impacted some regions much more severely than others, thus allowing the
Bureau to identify particular hotspots that were ``hardest hit'' in
comparison to other parts of the country by referencing data published
and collected by Johns Hopkins. Given the broader infection rate
currently in the U.S., should the Bureau continue to target funding to
hardest hit areas? If so, how should the ``hardest hit'' areas be
defined?
5. Similarly, in Round 1 the Commission targeted funding to health
care providers under pre-existing strain, which included health care
providers that were facing difficulty providing telehealth services
prior to the pandemic. In Round 2, what weight should the Bureau give
pre-existing strain faced by applicant health care providers? Should
pre-existing strains be distinguished from pandemic-related strains
many providers now face?
6. During Round 1 of the Program, the Commission ``did not
anticipate awarding more than $1 million'' per applicant to ensure that
as many applicants as possible receive funding. Should the Bureau
maintain this approach? How should the Bureau address applications
filed by statewide entities, large health care providers or health care
provider systems with numerous sites?
7. Are there other equitable limitations that will help the Program
spread funding to a greater number of health care providers without
sacrificing the needs of larger health care providers struggling to
treat patients during the pandemic? Should applicants from Round 1 that
did not receive $1 million be eligible to receive additional funding?
Should applicants from Round 1 that did receive $1 million be eligible
to receive additional support in Round 2?
8. Are there any other metrics the Bureau should use to prioritize
applications during the evaluation process? Should the Bureau
prioritize health care providers serving a large percentage of COVID-19
patients? Are there specific types of telehealth and connected care
services that should be prioritized? Should the Bureau prioritize
applications from health care providers that seek funding to treat
specific at-risk populations, such as Tribal, low-income, or rural
communities? If so, how should those populations be defined? Should
these applicants be prioritized only if a
[[Page 8358]]
certain percentage of their patient base, i.e., the total amount of
patients who visited a facility in a year, is at-risk? What percentage
would be reasonable to achieve the goal of prioritizing funding for at-
risk populations? Are there other criteria the Bureau should
prioritize?
9. Ensuring Nationwide Distribution of Funding. The Act directs the
Commission, to the extent feasible, to ensure ``that not less than 1
applicant in each of the 50 States and the District of Columbia has
received funding'' from the Program since the program's inception,
``unless there is no such applicant eligible for assistance in a State
or in the District of Columbia.'' To fulfill this requirement, the
Bureau proposes accepting Round 2 applications and establishing an
application filing window rather than accepting applications on a
rolling basis. Although accepting and evaluating applications on a
rolling basis allowed the Bureau to quickly review applications and
issue funding commitments for the funding appropriated by the CARES
Act, this evaluation method will not ensure that funding will be
available for applicants in each State and the District of Columbia.
Establishing an application filing window would allow the Bureau to
prioritize applications using pre-defined evaluation metrics and ensure
that funding is provided, to the extent feasible, to at least one
applicant in each of the 50 states and the District of Columbia. This
approach would also provide all applicants the same period of time to
prepare and file applications. The Bureau seeks comments on this
approach. If an application filing window is established, how long
should the window remain open?
10. Is there an alternative approach that would ensure that the
Commission meets this legislative provision? Should the Bureau instead
continue to accept applications on a rolling basis, but set aside a
portion of funding, e.g., $1 million for each state and the District of
Columbia, to ensure that an applicant from each State and the District
of Columbia receive Round 2 funding?
11. Treatment of Round 1 Applications. The Act directs the
Commission to seek comment on ``how the Commission should treat
applications filed during'' Round 1 of the Program. The Act also
requires the Commission to allow an applicant who filed an application
during Round 1 ``the opportunity to update or amend that application as
necessary.''
12. The Bureau proposes to require applicants to update and
resubmit applications that were filed during Round 1 if they want them
to be considered for Round 2. The Bureau proposes that Round 1
applications that are not resubmitted during the filing window will not
be considered for Round 2. The Bureau makes this proposal because many
of the remaining Round 1 applications need to be refreshed and some
require substantial amendments. From April to June 2020, the Commission
received thousands of applications for Round 1, and committed funding
to 539 applicants before the available funding was exhausted. Many of
the remaining applications are from ineligible entities or require
substantial supplementation to be considered materially complete. Some
applicants no longer need funding because they received support for
telehealth services from other sources. And, because these applications
were filed between April and June 2020, all the remaining applications
contain stale information--COVID-19 infection rates in many areas were
dramatically lower at that time than they are today, the pandemic was
less widespread, and health care providers have had time to refine
their strategies for providing services during the pandemic, making it
likely that these applicants would, given the opportunity, request
different amounts and types of connected devices and eligible services.
The Bureau seeks comments on this approach.
13. The Bureau also proposes this approach because the application
system used during Round 1 of the Program, which was developed quickly
given the emergency situation, is functionally limited, and is not
designed to let applicants amend or update their applications after
they have been filed. In addition, certain information required to
comply with the Act, such as the new evaluation criteria, was not
collected in Round 1. Thus, it would be less burdensome for both Round
1 applicants and Commission staff to have Round 1 applicants submit new
applications during the Round 2 filing window than to update Round 1
applications in the existing portal. Requiring Round 1 applicants to
submit new applicants will increase the speed at which Commission or
Universal Service Administrative Company (USAC) staff are able to
process and award Round 2 funding. Therefore, the Bureau proposes
requiring Round 1 applicants that continue to seek funding to update or
amend their applications by submitting a new application for Round 2.
14. Should the Bureau review Round 2 applications filed by Round 1
applicants before evaluating applications from new entities during the
Round 2 review process? Should the Bureau prioritize funding
applications submitted during Round 2 by applicants that applied, but
did not receive any or all of the requested funding, during Round 1?
Relatedly, how should the Bureau treat applicants for Round 2 funding
that received the full amount of their requested funding during Round
1?
15. Additional Program Improvements. During the process of standing
up this Program, the Bureau learned valuable lessons about the unique
needs of connected care and health care providers. To build on the
lessons learned during Round 1, the Bureau proposes updating the
Program's application and invoicing processes and seeks comments on
implementing these proposed improvements during Round 2. Specifically,
the Bureau proposes using the Universal Service Administrative Company
(USAC) to assist in administering the remaining work necessary to
complete Round 1 of the Program as well as Round 2. The Bureau further
proposes directing USAC to update the portal that will be used by Round
2 applicants, including Round 1 applicants that wish to renew their
request for funding under the Program, to submit applications for the
funding appropriated by the Act; to conduct an initial review of Round
2 invoices; and to provide outreach and guidance about the application
process to applicants. Updating the portal will ensure that all
applicants provide the information needed for review under the updated
Round 2 application evaluation metrics, facilitate program
administration, and reduce administrative burdens on both applicants
and Commission staff. However, under this approach Commission staff
would make final funding determinations, subject to the requirements of
the Act. The Bureau seeks comments on this approach.
16. During Round 1, applicants were required to file FCC Forms 460
to obtain eligibility determinations for all participating health care
provider sites. As part of the eligibility determination process,
health care provider sites seeking an eligibility determination were
assigned a health care provider number by USAC. The Bureau found that
requiring health care providers to file FCC Forms 460 for each site
delayed our ability to move quickly on many applications, especially
those applications with a large number of sites in need of eligibility
determinations. Using a different method to determine whether a site is
eligible could reduce the administrative burden on applications, the
Commission, and USAC during the application review process.
Accordingly, the Bureau seeks
[[Page 8359]]
comments on directing USAC to include eligibility review as part of the
application process, but not requiring applicants to file FCC Forms
460. Are there other means of identifying health care providers and
determining their eligibility for support in the program that should be
considered?
17. Finally, are there additional improvements the Bureau should
consider making to the application, review, and invoicing processes?
For example, during the Round 1 application process, applicants were
required to submit documentation demonstrating that funding requests
were for equipment and services eligible for Program support, and
funding commitments were made based on the anticipated costs of the
eligible services requested on their applications. After receiving
Round 1 commitments, however, some health care providers seeking
support for eligible services and equipment experienced supply chain
disruptions and equipment shortages, while other health care providers
determined that, due to shifting pandemic response strategies, they
needed different services or equipment than those requested in their
application. Anticipating these issues, the Commission gave health care
providers flexibility to respond to changing circumstances by not
requiring health care providers that received funding commitments to
purchase only the services and connected devices identified in their
applications. Accordingly, health care providers that received funding
commitments may have been allowed to substitute vendors, eligible
services, and/or eligible connected devices as long as the substituted
items are eligible and the total amount sought for reimbursement does
not exceed the commitment amount.
18. Should the Bureau maintain this flexibility, but streamline the
application process by requiring applicants demonstrate the eligibility
of the connected devices and services purchased using Round 2 support
only during the invoicing process? Are health care providers still
experiencing supply chain delays or noticing shortages of certain
connected devices? Have health care providers' pandemic response
strategies solidified to the point where they will be able to
accurately identify the telecommunication services, information
services, or connected devices needed on their application for Round 2?
If the Bureau does not require applicants to demonstrate the
eligibility of the services and connected devices for which they seek
funding on their applications during Round 2, what documentation or
demonstration should the Bureau require the applicant to submit to
demonstrate that they will use the funding requested for services and
devices that are eligible for support? What safeguards should the
Bureau consider implementing to ensure that this proposal does not lead
to waste, fraud, or abuse of Program funding? Should additional
certifications be required on applications and for each invoice to
ensure applicants/awardees understand what is expected of them and the
potential penalties for waste, fraud, or abuse? Relatedly, should a
list of eligible and ineligible equipment and services to provide
applicants with specific guidance on what may be requested for
reimbursement be published?
Federal Communications Commission.
Cheryl L. Callahan,
Assistant Chief, Telecommunications Access Policy Division, Wireline
Competition Bureau.
[FR Doc. 2021-02255 Filed 2-4-21; 8:45 am]
BILLING CODE 6712-01-P