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Bipartisan lawmakers present bill to solidify telehealth flexibilities

The legislation makes several pandemic-era regulatory flexibilities permanent, including reimbursing for audio-only telehealth through the Medicare program.

Female physician on laptop screen on beige background.

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By Anuja Vaidya

- United States representatives from both sides of the aisle introduced new legislation to permanently extend several telehealth flexibilities for Medicare beneficiaries.

Called the Telehealth Modernization Act of 2024, the bill is an updated version of legislation introduced in 2021. The new legislation would permanently eliminate geographic restrictions on originating sites for telehealth services and allow rural health clinics and federally qualified health centers to receive Medicare reimbursement for telehealth services. The new bill would also permanently add audio-only telehealth coverage to the Medicare program.

Further, the bill would allow the use of telehealth for hospice care and home dialysis assessments if clinically appropriate.

Reps. Earl L. Carter (R-GA), Lisa Blunt Rochester (D-DE), Greg Steube (R-FL), Terri Sewell (D-AL), Mariannette Miller-Meeks (R-IA), Jefferson Van Drew (R-NJ), and Joe Morelle (D-NY) introduced the legislation.

“Telehealth proved extremely beneficial during the pandemic and should remain a permanent fixture in the healthcare industry,” said Miller-Meeks in a press release. “The Telehealth Modernization Act of 2024 ensures that seniors and rural patients who may not have internet connectivity can receive the care they need through audio-only telehealth services, in addition to allowing health centers and rural health clinics to provide telehealth services. As we continue to utilize medical and technological breakthroughs, it is critical that we ensure increased access to telehealth services and quality care.”

The regulatory flexibilities included in the bill were enacted on a temporary basis during the COVID-19 pandemic and are slated to expire on December 31, 2024. As the date grows closer, healthcare stakeholders are urging Congress to pass permanent telehealth legislation that protects expanded access to virtual care.

Thus, numerous healthcare trade organizations also support the new bill, including the American Hospital Association (AHA), American Telemedicine Association/ATA Action, Consumer Technology Association, Health Innovation Alliance, American Medical Association (AMA), National Rural Health Association (NRHA), and Alliance for Aging Research.

“The Telehealth Modernization Act will permanently extend many of the critical telehealth flexibilities that hospitals and health systems have used to change the way they are able to deliver care and increase access for patients,” said Lisa Kidder Hrobsky, senior vice president for federal relations, advocacy and political affairs at AHA, in a statement. “This legislation will ensure that patients continue to receive convenient, high-quality virtual care and will result in broader investments to further transform care delivery.”

The introduction of the legislation comes as pressure mounts on Congress to solidify telehealth flexibilities.

Last month, more than 200 virtual care stakeholders signed a letter to Congress urging action on telehealth regulations early in the year as it would give them more time to implement new policies.

The letter highlighted the benefits telehealth services have provided to underserved populations in bolstering access to healthcare. The stakeholders noted that Congress’ early action on telehealth regulations would reassure Medicare beneficiaries, help strengthen the healthcare workforce by developing flexible virtual staffing models, and support continued investment in telehealth tools and infrastructure.

Organizations like Trinity Health, Mass General Brigham, Amwell, Teladoc Health, and the American Health Information Management Association signed the letter.

In turn, lawmakers have reached out to the Department of Health and Human Services (HHS), urging the agency to work with Congress to maintain expanded access to telehealth.

In January, a group of senators and representatives led by US Sen. Brian Schatz (D-HI) sent a letter to HHS Secretary Xavier Becerra encouraging the agency to make telehealth a priority by communicating with Congress and the public regarding “the authorities, appropriations, resources, and other supports needed to achieve this goal.”

The lawmakers also asked HHS to provide “timely technical assistance and data sharing” and to solicit stakeholder information to address implementation questions related to the permanent telehealth policy.

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