Making permanent certain telehealth flexibilities under Medicare

(a) Expanded access to telehealth services Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended— (1) in paragraph (2)(B)(iii), by striking In the case that and all that follows through ending March 31, 2025, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B),; and (2) in paragraph (4)(C)(iii), by striking In the case that and all that follows through ending on March 31, 2025, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B),. (b) Expansion of practitioners eligible To furnish telehealth services Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 1395m(m)(4)(E)) is amended by striking in the case that and all that follows through ending on March 31, 2025, and inserting beginning on the first day of the emergency period described in section 1135(g)(1)(B),. (c) Extension of telehealth services furnished by Federally qualified health centers and rural health clinics Section 1834(m)(8)(A) of the Social Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking During the emergency and all that follows through ending on March 31, 2025 and inserting Beginning on the first day of the emergency period described in section 1135(g)(1)(B). (d) Treatment of telehealth services furnished using audio-Only telecommunications technology Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9)) is amended— (1) by striking In the case that and all that follows through the Secretary shall continue to and inserting The Secretary shall; (2) by striking identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph; and (3) by striking during the period and all that follows through the period at the end and inserting on or after the first day of the emergency period described in section 1135(g)(1)(B).. (e) Elimination of in-Person requirements under Medicare for certain services furnished through telehealth (1) Home dialysis monthly ESRD-related visit; stroke telehealth services; substance use disorder services and mental health services (A) In general Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by striking paragraphs (5) through (7) and redesignating paragraphs (8) and (9) as paragraphs (5) and (6), accordingly. (B) Conforming changes Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended— (i) in paragraph (1), by striking Subject to paragraphs (8) and (9) and inserting Subject to paragraphs (5) and (6); (ii) in paragraph (2)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5); and (II) in subparagraph (B), by striking and paragraph (6)(C); and (iii) in paragraph (4)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5); (II) in subparagraph (C)— (aa) in clause (i), by striking and paragraphs (5), (6), and (7); and (bb) in clause (ii)(X), by striking or telehealth services described in paragraph (7); and (III) in subparagraph (F), by striking Subject to paragraph (8) and inserting Subject to paragraph (5). (2) Mental health visits furnished by Federally qualified health centers Section 1834(o)(4)(B) of the Social Security Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking prior to April 1, 2025. (3) Mental health visits furnished by rural health clinics Section 1834(y)(2) of the Social Security Act (42 U.S.C. 1395m(y)(2)) is amended by striking prior to April 1, 2025. (f) Use of telehealth To conduct face-to-face encounter prior to recertification of eligibility for hospice care Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended— (1) by striking during the emergency period and all that follows through and ending on March 31, 2025 and inserting beginning on the first day of the emergency period described in section 1135(g)(1)(B); and (2) by inserting, except that this subclause shall not apply in the case of such an encounter with an individual occurring on or after March 31, 2025, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7), if such individual is receiving hospice care from a provider that is subject to enhanced oversight under this title pursuant to section 1866(j)(3), or if such encounter is performed by a hospice physician or nurse practitioner who is not enrolled under section 1866(j) and is not an opt-out physician or practitioner (as defined in section 1802(b)(6)(D)) before the semicolon. (g) Requiring modifiers for telehealth services in certain instances Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph: (10) Required use of modifiers in certain instances Not later than January 1, 2026, the Secretary shall establish requirements to include 1 or more codes or modifiers, as determined appropriate by the Secretary, in the case of— (A) claims for telehealth services under this subsection that are furnished through a telehealth virtual platform— (i) by a physician or practitioner that contracts with an entity that owns such virtual platform; or (ii) for which a physician or practitioner has a payment arrangement with an entity for use of such virtual platform; and (B) claims for telehealth services under this subsection that are furnished incident to a physician’s or practitioner’s professional service.. (h) Program instruction authority The Secretary of Health and Human Services may implement the amendments made by this section through program instruction or otherwise.