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S. 2709IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 2709

Extension of certain telehealth flexibilities

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(a) Removing geographic requirements and expanding originating sites for 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 ending September 30, 2025 and inserting ending September 30, 2027; and (2) in paragraph (4)(C)(iii), by striking ending on September 30, 2025 and inserting ending on September 30, 2027. (b) Expanding 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 ending on September 30, 2025 and inserting ending on September 30, 2027. (c) Extending telehealth services for federally qualified health centers and rural health clinics Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended— (1) in subparagraph (A), by striking ending on September 30, 2025 and inserting ending on September 30, 2027; (2) in subparagraph (B)— (A) in the subparagraph heading, by inserting before fiscal year 2026 after rule; (B) in clause (i), by striking during the periods for which subparagraph (A) applies and inserting before October 1, 2025; and (C) in clause (ii), by inserting furnished to an eligible telehealth individual before October 1, 2025 after telehealth services; and (3) by adding at the end the following new subparagraph: (C) Payment rule for fiscal years 2026 and 2027 (i) In general A telehealth service furnished to an eligible telehealth individual by a Federally qualified health center or rural health clinic on or after October 1, 2025, and before October 1, 2027, shall be paid as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or the methodology for all-inclusive rates established under section 1833(a)(3), respectively. (ii) Treatment of costs Costs associated with the furnishing of telehealth services by a Federally qualified health center or rural health clinic on or after October 1, 2025, and before October 1, 2027, shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and the methodology for all-inclusive rates established under section 1833(a)(3), as applicable.. (d) Delaying in-Person requirements under Medicare for mental health services furnished through telehealth and telecommunications technology (1) Delay in requirements for mental health services furnished through telehealth Section 1834(m)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding subclause (I), by striking on or after October 1, 2025 and inserting on or after October 1, 2027. (2) 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 October 1, 2025 and inserting October 1, 2027. (3) 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 October 1, 2025 and inserting October 1, 2027. (e) Allowing for the furnishing of audio-Only telehealth services Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9)) is amended by striking ending on September 30, 2025 and inserting ending on September 30, 2027. (f) Extending 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 ending on September 30, 2025 and inserting ending on September 30, 2027; 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 September 30, 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.

Sec. 2: Extension of certain telehealth flexibilities · Public Law Tracker