Congress has once again temporarily extended key Medicare telehealth flexibilities, this time through January 30, 2026.
As part of its Continuing Appropriations Act, 2026 (CR), Congress included specific language that will allow health care providers to continue to offer certain telehealth services, including services previously restricted to in-person visits. However, the CR does not include specific language for retroactive reimbursement for Medicare services provided during the federal government shutdown between October 1 and November 11, 2025. It is currently unclear whether such services will be reimbursed by Medicare.
The following provisions remain in effect until January 30, 2026:
- Patients may continue receiving telehealth services from their homes.
- Medicare-enrolled providers currently authorized to deliver telehealth services may keep doing so.
- There are no geographic limitations on where the patient or the eligible provider is physically located, within the United States, during the telehealth service.
- Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) remain eligible to serve as distant sites for non-behavioral health telehealth services.
- Providers may continue to use audio-only technology for reimbursable telehealth visits.
- Hospice providers may use audio-visual telehealth for face-to-face recertification encounters.
- Medicare beneficiaries are not required to have an in-person visit within six months of their initial behavioral health telehealth appointment.
It is important to note that these extended waivers apply exclusively to Medicare. Telehealth reimbursement policies under state Medicaid programs and commercial insurers may differ, so practitioners should review applicable contracts and coverage guidelines. Additionally, this federal extension does not alter state licensure requirements governing telehealth practice.
We are continuing to monitor several pieces of legislation related to the potential longer-term or permanent extension of these flexibilities and will provide our clients with updates as they become available.
Should you have any questions regarding this extension, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at [email protected].
