As previously described in a series of alerts by Frier Levitt, since the declaration of a federal public health emergency (“PHE”), healthcare providers have operated under a variety of waived or relaxed regulatory requirements, particularly as it relates to telehealth encounters for Medicare beneficiaries. However, as the pandemic wanes, many regulatory waivers are set to expire unless renewed or permanently adopted.
On March 9, 2022, Congress reached an agreement on the 2022 omnibus appropriations bill. The omnibus bill, H.R. 2471, was approved in the House yesterday, and is expected to be passed by the Senate in the coming days. Of note, the bill will extend the existing Medicare telehealth flexibilities for 151 days after the conclusion of the federal public health emergency. Specifically, the bill will continue the waiver of certain geographic requirements and originating site restrictions for Medicare telehealth encounters.
Despite this temporary continuation of certain waivers, it is important to recognize that Medicare telehealth coverage is controlled by statute. As such, absent a permanent statutory amendment by Congress, Medicare beneficiaries will soon lose access to key telehealth flexibilities.
Healthcare providers reliant on COVID-19 regulatory waivers should take steps to prepare for a variety of scenarios, including a possible “telehealth cliff,” wherein waivers—particularly Medicare waivers—abruptly expire without transitional or alternative mechanisms to enable the continued access to care via telehealth.
Contact us to discuss how the expiration of COVID-19 waivers could impact your practice.
