The temporary telehealth flexibilities that Medicare patients and providers have become accustomed to since the COVID-19 pandemic are set to expire December 31, 2024. The Consolidated Appropriations Act of 2023 extended many pandemic era flexibilities. These flexibilities include:

• provision of non-behavioral health telehealth services in Medicare beneficiaries’ homes;
• the ability for all Medicare providers to provide telehealth services;
• no geographic restrictions on the originating site for non-behavioral health telehealth services;
• waiver of the requirement to conduct an in-person visit within six months of an initial behavioral health telehealth visit; and
• some non-behavioral health services being eligible for audio-only delivery.

If the telehealth flexibilities are not extended by Congressional action, Medicare beneficiaries will be required to visit a healthcare establishment to receive non-behavioral health telehealth services from a distant site provider.

A pending Congressional proposal, H.R. 7623 – Telehealth Modernization Act of 2024, would provide a partial fix by extending the expiration date by two years. While the measure was originally proposed to make the telehealth flexibilities permanent, the House Energy and Commerce Committee amended to only a two year extension citing cost considerations. H.R. 7623 is strongly supported by provider and patient advocacy groups but has not advanced out of committee.[1]

Absent Congressional action in the coming weeks, healthcare providers and Medicare beneficiaries will see significant changes in their ability to provide and receive care remotely, particularly for vulnerable populations and in high-need areas.

Dinsmore will continue to follow this legislation and its impact on patients and providers. If you have questions, please contact your Dinsmore attorney.