Following approval from the House last week, the Senate voted on March 14 to approve a government funding bill and avoid shutdown. The bill was signed into law on March 15 and includes an extension of the Medicare telehealth flexibilities that were set to expire on March 31, 2025. These flexibilities will now be applicable and eligible for funding through September 30, 2025. While the extension will allow Medicare beneficiaries to continue utilizing telehealth services without interruption, there is still uncertainty as to the long-term viability of arrangements that rely solely or primarily on Medicare reimbursement for telehealth services.
The Extended Flexibilities Include:
- Originating Site: Patients can receive telehealth services from their homes, expanding the previous limitations requiring patients to be in specific healthcare facilities.
- Geographic Restrictions: The waiver of geographic restrictions allows patients in non-rural areas to access telehealth services, broadening the scope of eligible locations.
- Audio-Only Communication: Certain services can be provided via audio-only communication, ensuring patients without video-capable devices can still receive care.
- Expanded Provider Types: A wider range of healthcare practitioners, including physical therapists, occupational therapists, and speech-language pathologists, are authorized to deliver telehealth services.
- In-Person Visit Requirements: The mandate for an in-person visit within six months of an initial telehealth service for behavioral or mental healthcare is waived, facilitating greater access to these services.
- Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) may continue to bill for non-behavioral health services furnished through interactive telecommunications technology by reporting HCPCS code G2025 on the claim.
Permanent Changes Since the Implementation of the Flexibilities that are now in Effect:
- The Consolidated Appropriations Act permanently removed geographic and place of service restrictions for behavioral health telehealth services and made patients’ homes eligible originating sites for behavioral health.
- The availability of audio-only communication for practitioners providing behavioral and mental health services was made permanent.
While the extension provides temporary relief, the future of telehealth reimbursement remains uncertain. Providers are encouraged to consult with counsel and closely follow changing telehealth reimbursement measures. Competent healthcare counsel can assist stakeholders in understanding the nuances of telehealth reimbursement, regulations, maintaining patient records, data security and privacy, informed consent, and addressing the limitations on providing services via telehealth. Contact Frier Levitt for help navigating the intricacies of your telehealth practices.
