Telehealth policy changes after the COVID-19 public health emergency

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.

Update on the COVID-19 Public Health Emergency

On Thursday, Oct. 13, 2022, the Department of Health and Human Services announced an extension (renewal) of the COVID-19 public health emergency (PHE) for an additional 90 days. The latest extension of the COVID-19 PHE will end on January 11, 2023.

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.

On this page:

• Permanent changes
• What is being phased out
• Additional considerations

Looking ahead

The Centers for Medicare and Medicaid Services has developed a roadmap (PDF) for the eventual end of the Medicare public health emergency waivers and flexibilities.

Permanent changes

• Medicare patients can now receive telehealth services, including audio-only services, for mental/behavioral health care  in their homes in any part of the country if certain conditions are met.
• The Calendar Year (CY) 2023 Medicare Physician Fee Schedulehas already codified the continued coverage of video-based mental health visits for Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) on a permanent basis.

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-19public 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.

Read more

The Centers for Medicare & Medicaid Services recently published policy updates for Medicare telehealth services. Read more about the 2023 Physician Fee Schedule on the Policy changes during COVID-19 page.

Last updated: November 23, 2022