The time has come. The COVID-era Medicare telehealth flexibilities expire today. While there is a funding package on the table that would extend telehealth flexibilities through 2027, it is currently in the senate but lawmakers may not reach an agreement in time.
(See the bill text here: https://www.congress.gov/bill/119th-congress/house-bill/7148/text.)
Starting tomorrow, the some Medicare telehealth flexibilities will revert to pre-pandemic limitations such as:
- Geographic restrictions for originating sites
- Limited provider type eligibility
- In-person visit requirement within 6 months of a tele-mental health visit
See the telehealth policy update here: https://telehealth.hhs.gov/providers/telehealth-policy/telehealth-policy-updates.
There is a silver lining. DEA, jointly with HHS, extended the full set of telemedicine flexibilities regarding the prescription of controlled medications in place during COVID until December 31, 2026. This means that there are is still time left to prescribe a schedule II-V controlled substance without an in-person medical evaluation. https://telehealth.hhs.gov/providers/telehealth-policy/prescribing-controlled-substances-via-telehealth.
So, what should you be doing now? Take stock of which services depend on the current flexibilities and make sure leadership teams understand what changes overnight if Congress misses the deadline.
Keep in mind that the practice of medicine occurs where the patient is located. As such, a physician must be licensed, or appropriately authorized, by the medical board of the state where the patient is located. If you have patients in other states, make sure you have the proper licensure.
Questions? Best point of contact at K&K is Attorney Sarah Masheyev, reachable by email here: Smasheyev@kirschenbaumesq.com.
