How will telehealth rules change after the pandemic ends? Legislation was in the works early 2021 to create a buffer period after the pandemic official ends and allow providers to make necessary changes prior to the Covid-19 flexibilities. The Consolidated Appropriations Act (the Act) of 2022 was signed into law March 15, 2022 by President Biden extending telehealth flexibilities an additional 151 days after the public health emergency officially ends. The new legislation has several important takeaways that could impact your practice.
• Home will be considered an “originating site” – This was a critical step in increasing access to medical services during the PHE. The new definition includes “any site in the United States at which the eligible telehealth individual is located at the time the service is furnished…including the home of an individual.” This definition will remain through the 151 days post-pandemic.
• More Provider Types are eligible to bill telehealth services – CMS only had a short list of provider types that could bill services via telehealth. Under the Act, occupational therapists, physical therapists, speech pathologists, and audiologists will be extended to provide medically necessary services.
• Audio-only Telehealth visits are still billable – Phone visits have continued to be a valuable means of patient care. Although these codes have limitations, they will continue to be billable as part of the legislation.
• Telehealth for Mental Health Services – The final rule drafted new requirements for mental health audio and/or video with a face-to-face visit before providing telehealth. This requirement will be delayed as part of the legislation.
• Fraud and Waste – Report from MedPac regarding telehealth utilization and the OIG on fraud and waste will not be due to Congress until June 2023.
To read the Act, click here or you can reference a quick chart published by the Center for Connected Health Policy (CCHP).