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04/17/2023

COVID-19 Public Health Emergency to End May 11 But Certain Telehealth Flexibilities to Remain in Place

The Biden administration will let the COVID-19 public health emergency expire on May 11, which will end many of the flexibilities that providers and their institutions have relied upon to deliver care since the start of the pandemic. In preparation, the Centers for Medicare & Medicaid Services (CMS) has developed information on the status of the COVID-19 waivers and flexibilities. 

However, Congress has intervened and provided a temporary extension for many of the Medicare telehealth flexibilities, which have proven to be extremely popular with and valuable to providers and patients. The Consolidated Appropriations Act of 2023 extended certain telehealth policies through December 31, 2024 including:

  • The waiver of the originating site and geographic restrictions, which allow patients to receive telehealth services in their homes;
  • Continued coverage and payment of audio-only visits; and 
  • Expansion of telehealth services for federally qualified health centers and rural health clinics.

Additionally, payment parity for telehealth services and the virtual supervision flexibility will remain in place through December 31, 2023 as outlined in the Calendar Year 2023 Medicare Physician Fee Schedule rule. Despite these policy extensions, providers will only be able to deliver telehealth services using applications that are HIPAA compliant once the public health emergency concludes.

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