Health Information Compliance Alert

Published on Mon Aug 08, 2022 PDF

As the Centers for Medicare & Medicaid Services (CMS) begins to put out policy proposals to address transitioning from COVID-related telehealth service flexibilities, you should anticipate legislation that would extend telehealth flexibilities until 2024, regardless of when the COVID-19 public health emergency (PHE) ends.

Update: The U.S. House of Representatives passed the Advancing Telehealth Beyond COVID-19 Act (H.R. 4040) on July 27. The bill “provides that certain flexibilities continue to apply until December 31, 2024, if the emergency period ends before that date,” according to its legislative summary. Those flexibilities include “use of telehealth to conduct face-to-face encounters prior to recertification of eligibility for hospice care,” according to the bill text.

“This legislation brings us one step closer to permanently expanding telehealth services and allowing Americans to continue to access critical health care from the comfort of their

home,” Rep. Debbie Dingell (D-Mich.) said in a release.

“Our hope is that the flexibilities afforded during the public health emergency will be made permanent. This legislation offers an important step in that direction,” American Medical Association (AMA) President Jack Resneck Jr., MD, said in a release. “We urge the Senate to act on this bipartisan bill, and for the Congress to build on this success,” Resneck added.