During the COVID-19 public health emergency (PHE), Congress allowed Centers for Medicare & Medicaid Services (CMS) to waive Medicare restrictions on telehealth. However, Congress needs to update the law in order for those restrictions to be lifted permanently.
Faegre Drinker assisted American Telemedicine Association and ATA Action in advocating for changes to federal law to extend the flexibilities beyond the expiration of the COVID-19 public health emergency (PHE) May 11, 2023. In late 2022, the federal 2022 omnibus spending package extended the Medicare flexibilities, including delaying an in-person requirement for telemental health and extending the Hospital at Home program through the end of 2024 regardless of PHE status. In addition, Congress extended the ability of employers who offer high deductible health plans with health savings accounts to offer telehealth pre-deductible through the end of 2024.
