Wiki Medicare new rule for telehealth initial intake in person before telehealth can be used

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Per the guideline that took effect 10/10/23 patients need to be seen in office at least one time before using telehealth, is there an exception if the client is some distance from your office. We see behavioral health clients
and some are hours away from our office, makings this somewhat of an issue for some of our Medicare clients. How does Medicare address this issue?
 
Hi there, this is news to me. Could you provide a link to this guideline?
 
NASW Newsletter
Telehealth
Medicare has historically authorized telehealth services, however, coverage was limited prior to the COVID-19 public health emergency (PHE). The PHE created concerns related to health equity and access of care. In response to these concerns, CMS temporarily expanded telehealth flexibilities to include the addition of covered services, removal of the geographic restrictions, and coverage of services provided via smartphones and audio-only devices.

In accordance with the 2022 Consolidated Appropriations Act, CMS has extended the duration of certain telehealth flexibilities for CSWs to continue for 151 days following the end of the PHE. Currently, all psychiatric codes used by CSWs can also be used for telehealth services. Telehealth claims will continue to use the 95 modifier (a telehealth identifier) and the place of service (POS) code that would have been reported had the service been furnished in-person.

In person requirement
The in-person visit requirements for mental health services furnished by CSWs via telehealth will also be delayed until 152 days after the end of the PHE. Once the in-person requirement goes into effect, CMS will require all established patients to be seen by CSWs in-person within 12 months. An established patient is one who received treatment during the PHE or during the 152-day extension. New patients should be seen in-person by a CSW before receiving telehealth services and once a year going forward. A 12-month in-person visit will be required thereafter.
 
From the MLN901705 Fact Sheet dated June 2023 for Telehealth Services:
"● Through December 31, 2024: ○ For behavioral or mental telehealth, you don’t have to conduct an in-person visit within 6 months of the initial telehealth visit or annually thereafter○ "
 
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