Capitol Hill Report: Ask Congress to take action for telehealth
August 12, 2024
Issue in focus
The Centers for Medicare and Medicaid Services (CMS) issued last month its proposed annual update to payment policies under the Medicare Physician Fee Schedule. Included in this proposed rule are several key changes that, if implemented as proposed, would substantially change patient access to care and care delivery.
Due to the scheduled expiration of flexibilities associated with the COVID-19 Public Health Emergency, which has not yet been extended beyond December 31, 2024, CMS is projecting major disruptions to access to telehealth services starting next year. Absent further congressional action, pre-existing restrictions on site of service will again go into effect beginning January 1, 2025, functionally limiting the authority of CMS to pay for telehealth visits in many settings.
In the proposed rule, CMS states that it recognizes significant concerns about a potentially abrupt end to access to most telehealth services outside of rural areas and in certain types of medical settings. As such, the agency is seeking comments on how best to mitigate the expiration of key flexibilities, as well as taking steps to extend flexibilities that don’t require congressional action. These include modifications to key definitions that will promote access to audio-only services, extension of flexibilities associated with virtual supervision of residents and auxiliary personnel, and continued coverage of services that have been temporarily added to the Medicare Telehealth Services List.
The AAN is committed to working with legislators to ensure that these critical flexibilities are extended beyond 2024. The AAN has supported key pieces of legislation that would permanently expand telehealth flexibilities: the CONNECT for Health Act (S.2016/H.R.4189) and the Telehealth Modernization Act (S.3967/H.R.7623). While these bills take slightly different approaches to telehealth expansion, they both ensure that patients would have access to this important model of care.
While there is broad, bi-partisan, support for expanding telehealth flexibilities past 2024, Congress has still not found a way to address the high cost of permanent expansion. Not wanting Americans to lose access to telehealth, Congress has shifted from permanent expansion and seems poised to pass another two-year extension of the flexibilities, giving patients access to telehealth through 2026. The House Ways & Means Committee passed a new piece of legislation that would expand flexibilities through 2026, the Preserving Telehealth, Hospital, and Ambulance Access Act (H.R. 8261), by a vote of 41-0. The House Energy & Commerce Health Subcommittee amended the Telehealth Modernization Act to align with the two-year extension included in the Ways & Means bill.
This committee-level work in the House shows a clear interest in acting to expand these flexibilities. However, there is no guarantee that Congress will be able to take up this issue after the election as part of an end-of-year health care package, so it is important that lawmakers hear from you about the harm patients will face if the flexibilities abruptly expire. Use our AAN Advocacy Action Center to write your members of Congress today and ask them to take action now to expand telehealth flexibilities past 2024.
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