We previously reported that Congress issued stopgap government funding legislation that extended current telehealth waivers and flexibilities through December 31, 2026. However, as a result of unrelated 11th hour political negotiations, the initial proposed legislation containing the full two-year extension was withdrawn.
On December 20, 2024, Congress passed the American Relief Act 2025 (H.R. 10545), which was signed into law by President Biden on December 21, 2024. H.R. 10545 includes a shortened extension of certain telehealth flexibilities until March 31, 2025.
Pursuant to H.R. 10545, the following flexibilities are currently available until March 31, 2025:
- Patients’ homes will continue to serve as eligible Originating Sites for all telehealth services.
- All Medicare-enrolled providers will continue to be eligible providers for the purpose of providing telehealth services.
- There will continue to be 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) will continue to serve as eligible Distant Sites for non-behavioral health telehealth services.
- Providers may continue to use audio-only technology to provide reimbursable telehealth services.
- Hospice providers may continue to use audio-visual telehealth technologies to conduct face-to-face encounters to recertify hospice care eligibility.
Additionally, H.R. 10545 delays the requirement that Medicare beneficiaries have an in-person visit with their behavioral health provider within six months of an initial telehealth appointment.
It is important to note, however, that these waiver extensions are explicitly limited to Medicare. Practitioners should consult their individual State Medicaid programs or commercial payor contracts to determine what, if any, telehealth reimbursement is available.
As we move into 2025, we will be continuing to monitor Congressional action taken in this area and will provide our clients with updates as they become available.
Should you have any questions regarding these changes, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at [email protected].