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BILLING & CODING

Telehealth policy to change after the COVID-19 public health emergency

The COVID-19 public health emergency has been extended to Oct. 13. Of particular interest to medical practices is the continuation of telehealth flexibilities, which will expire at the end of the public health emergency.

US Department of Health and Human Services Secretary Xavier Becerra officially renewed the declaration in mid-August.

The emergency declaration has been in place since January 2020, and the latest renewal came as the Omicron offshoot BA.5, the most contagious variant yet, continues to stake its claim in the US. Daily case rates, though vastly undercounted, are the highest they’ve been in months, as are COVID-19 hospitalizations and deaths.
Data published in August by the US Centers for Disease Control and Prevention shows that more than half of the country’s population lives in a county with a high COVID-19 Community Level,  where the health care system is at risk of becoming overburdened and universal indoor masking is recommended.

The U.S. Department of Health and Human Services took a range of administrative steps to expedite the adoption and awareness of telehealth during the COVID-19 pandemic. Many of the telehealth flexibilities are temporary and will lapse at the end of the COVID-19 public health emergency.

As the public health emergency ends, more resources and guidance will be made available to keep you and your staff up-to-date regarding the latest changes to telehealth policies.

Once the end of the COVID-19 public health emergency occurs, the Consolidated Appropriations Act, 2022 (PDF), has ensured a 151-day extension period before many of the policies outlined in the COVID-19 public health emergency are set to expire, to allow for a transition period.

Permanent changes

What is being phased out

At the end of the 151-day waiting period identified by the Consolidated Appropriations Act, 2022 (PDF) the following policies are set to end:

  • Increased flexibility regarding where the patient receives Medicare telehealth services, as well as where the services originate will revert back to match the restrictions that were in place prior to the COVID-19 public health emergency.
  • Medicare reimbursement for mental health telehealth services will again require an in-person visit within 6 months of initial assessment and every 12 months following.
  • Medicare reimbursement for telehealth visits furnished by physical therapists, occupational therapists, speech language pathologists, and audiologists will no longer be allowed.
  • Medicare will no longer cover audio-only visits for physical health encounters.
  • FQHCs and RHCs will no longer be able to be reimbursed as distant site telehealth providers for non-mental health services.

Additional considerations

Upon the end of the COVID-19 public health emergency, some policies will cease immediately.

The U.S. Department of Health and Human Services Office for Civil Rights released guidance to help health care providers and health plans bound by Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules) understand how they can use remote communication technologies for audio-only telehealth post-COVID-19 public health emergency. More information about this guidance is available on the Legal Considerations page.

The 2023 Physician Fee Schedule (PFS) will be available for public comment and review later this year. In order to ensure your organization is as prepared as possible for forthcoming changes, review the proposed changes to the 2023 PFS when released for public comment.

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