After years of short-term extensions and looming deadlines, Congress has finally delivered a measure of stability for Medicare telehealth. The Consolidated Appropriations Act, 2026 (H.R. 7148), signed into law early February, retroactively extends the Medicare telehealth waivers that briefly expired on January 30, 2026, and continues those flexibilities through December 31, 2027. These waivers, first implemented in 2020 during the COVID-19 public health emergency, have become deeply embedded in how providers deliver care and how patients access it. The nearly two-year extension is significant because it reduces near-term uncertainty and allows providers to maintain current operations.
The following Medicare telehealth waiver provisions are now extended through December 31, 2027:
• Waiver of geographic and originating site requirements, allowing beneficiaries to receive telehealth services regardless of location or site of care
• Expanded list of eligible telehealth providers
• Continued eligibility of Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) to furnish telehealth services
• Delay of the prior in-person visit requirement for mental health services when permanent telehealth policy requirements are not met
• Delay of the prior in-person visit requirement for mental health services delivered via telecommunications technology for FQHCs and RHCs
• Continued allowance of audio-only telehealth services
• Continued use of telehealth to conduct required face-to-face encounters for hospice recertification
In addition, the Acute Hospital Care at Home Initiative was extended through September 30, 2030, further reinforcing federal support for alternative care delivery models outside traditional inpatient settings.
Beyond extending existing waivers, the legislation includes several forward-looking telehealth provisions. CMS is required to establish billing modifiers by 2027 to identify telehealth services delivered through third-party virtual platforms and services billed “incident to” another professional service. Hospitals may continue furnishing and billing for cardiopulmonary rehabilitation services delivered to outpatients in their homes via live video through calendar year 2027. The Department of Health and Human Services must also issue guidance within one year on best practices for delivering telehealth services to patients with limited English proficiency, and CMS must educate clinicians by January 1, 2028 on screening for medication-induced movement disorders, including telehealth-specific considerations and billing guidance.
With enactment of the legislation, CMS has updated its Calendar Year 2026 Telehealth FAQs https://www.cms.gov/files/document/telehealth-faq-updated-02-04-2026.pdf to reflect the restored flexibilities and new expiration dates. However, the Medicare Learning Network (MLN) Telehealth and Remote Patient Monitoring guidance—last revised in December 2025—has not yet been fully updated to reflect these changes. As a result, some provisions in the MLN, such as references to an in-person mental health visit within six months, are now outdated and will require revision.