{"id":40727,"date":"2022-09-01T16:28:02","date_gmt":"2022-09-01T20:28:02","guid":{"rendered":"https:\/\/mtelehealth.com\/?p=40727"},"modified":"2022-09-01T16:28:02","modified_gmt":"2022-09-01T20:28:02","slug":"telehealth-update-assessing-phe-flexibilities-pending-legislation-entering-fall-2022","status":"publish","type":"post","link":"https:\/\/drmiltie.com\/at-home-testing\/telehealth-update-assessing-phe-flexibilities-pending-legislation-entering-fall-2022\/","title":{"rendered":"Telehealth Update: Assessing PHE Flexibilities, Pending Legislation Entering Fall 2022"},"content":{"rendered":"\n\n\n

As we covered in a prior Telehealth Update<\/a>, many of the flexibilities upon which telehealth providers have come to rely in recent years are tied to the federal Public Health Emergency related to the COVID-19 pandemic (the PHE).  While permanent changes in many states have expanded the types of providers who can provide telehealth services and loosened requirements for establishing provider-patient relationships exclusively via telehealth, the telehealth flexibilities connected to the PHE have also played a large role in expanding access to care.  Specifically, the PHE telehealth flexibilities have allowed for greater reimbursement of telehealth services under Medicare, and crucially for many providers, allowed for the prescription of controlled substances without an in-person visit.  The temporary nature of the PHE telehealth flexibilities has also caused a lot of uncertainty and confusion among telehealth providers. <\/p>\n\n\n\n

We review below the current state of the PHE flexibilities around Medicare reimbursement and prescription of controlled substances, examine pending legislation that, if passed, would bring greater certainty to patients and providers, and discuss what we know about the status of a possible PHE extension as we move into the third Fall of the pandemic.<\/p>\n\n\n\n

Current State of PHE Telehealth Flexibilities<\/strong><\/p>\n\n\n\n

At the beginning of the PHE, the Centers for Medicare and Medicaid Services announced several waivers related to Medicare coverage of telehealth services.  These waivers, outlined below, were initially intended to expire at the end of the PHE, but in March, as part of the Consolidated Appropriations Act, 2022, Congress extended these flexibilities for a period of 151 days, or about 5 months, after the expiration of the PHE.  The Medicare waivers include: <\/p>\n\n\n\n