Citing 'Serious Flaws' in Rural Health Rates, FCC OKs Proposed Changes

Citing “serious flaws” in the rates database for the FCC’s rural healthcare telecom program, FCC Chairwoman Jessica Rosenworcel said Thursday the agency is fixing the issue "for good" (see 2301230045). Commissioners during their open meeting adopted an order on reconsideration and NPRM on streamlining and improving the program's funding mechanism. Commissioners also denied several petitions for reconsideration as moot. Also approved 4-0 was an NPRM about extending 911-like outage reporting requirements to the 988 Suicide and Crisis Lifeline.

Telehealth has “moved into the mainstream” and the program is “one of the great gems of this agency,” Rosenworcel said: The FCC “got ahead of itself” by establishing the rates database. The proposals “should make it easier for eligible health care providers to receive support as soon as they become eligible,” said Commissioner Geoffrey Starks, and “we give those who serve some of the most remote health care providers an opportunity to weigh in and help inform our rulemaking. I hope they do so.”

The NPRM will seek comment on rate determination rules for the program, whether to reinstate the support cap for satellite services, and how providers can receive funding as soon as they become eligible. The item will also seek comments on how to revise the FCC’s Form 466 to improve data collection efforts. Wireline Bureau Chief Trent Harkrader told reporters the final item extended the existing waiver of the rates database through FY 2025 "to give a little more certainty" to program participants.

“I don't think the FCC has always gotten it right when it comes to our statutory obligations,” said Commissioner Brendan Carr: “We've been working hard to correct course. Today's decision is another step in the right direction.” Commissioner Nathan Simington said he hopes comments will "shed more light" on apparent delays in the FCC approving program participants' cost studies.

The 988 Lifeline has received more than 2 million calls, texts and chat messages since going live officially in July, Public Safety and Homeland Security Bureau Chief Debra Jordan said. The NPRM floats the idea of requiring the FCC, Veterans Affairs, Substance Abuse and Mental Health Service Administration and Lifeline administrator to be notified about 988 service outages.

Given the slew of hurdles people in a mental health or emotional crisis face to getting help, technical challenges shouldn’t be added to the list, Carr said.

Rosenworcel said the Dec. 1 nationwide 988 outage of several hours spurred both the NPRM and an agency investigation. The agency said the investigation remains open.

The House Commerce Health Subcommittee, meanwhile, plans a Feb. 1 hearing partially focused on the newly filed 9-8-8 Lifeline Cybersecurity Responsibility Act, the Commerce Committee said. HR-498, filed Wednesday by Reps. Jay Obernolte, R-Calif., and Tony Cardenas, D-Calif., would amend the 2020 National Suicide Hotline Designation Act to require improved coordination and reporting on potential cybersecurity vulnerabilities within the 9-8-8 lifeline, with the goal of mitigating future cyberattacks and preventing disruption of services. Obernolte's office cited a December cyberattack on system operator Intrado as the reason he's pursuing the measure. The Health hearing will begin at 10 a.m. in 2123 Rayburn.

Meeting Notebook

With more than $6.5 billion of the $7.17 billion Emergency Connectivity Fund committed, the FCC has done “extraordinary good in getting devices and connections to millions of students and library patrons across the country,” Rosenworcel told reporters (see 2301190041): “I don't think our job is done, and as I have said before, I am interested in trying to explore how the program can assist with the homework gap going forward and to what extent can support things like hot spots in our schools and libraries.” Carr said he wants to ensure that "we pull a lot of feedback and data out of the existing program to make sure that we are targeting the right communities and that it is being effective." Oversight and "working closely with Congress" on next steps will "continue to be important," he said.

The FCC has talked to the Office of Personnel Management about creating a Space Bureau and an Office of International Relations, and discussions with lawmakers on Capitol Hill are next, Rosenworcel said. She said she's confident a Space Bureau’s creation “is on track.” The order creating the two out of the International Bureau was approved on circulation earlier this month (see 2301090062).

Asked about commissioner-nominee Gigi Sohn possibly facing a full new vetting by Senate Commerce (see 2301030060), Rosenworcel said the FCC has had a slew of accomplishments with four commissioners, including the affordable connectivity program, two mid-band spectrum auctions, a broadband mapping initiative “light years ahead” of past mapping efforts, and aggressive national security policy work, but “we were built to operate with five. I hope [a return to] that happens sooner than later.”