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Client Alert: Phoning It In: Congress Passes A Short Extension To Medicare Telehealth Flexibilities As 2025 Approaches

With the end of 2024 and an expiration of applicable Medicare telehealth flexibilities approaching, Congress passed the American Relief Act of 2025, preserving applicable flexibilities for an additional three months, through March 31, 2025. This is a step back from the extension envisioned under a prior version of the same legislation, which would have extended flexibilities through the end of 2026. However, the legislation will help facilitate some relief from the impending coverage gap that may have resulted from the failure to pass legislation extending the expiration of existing telehealth flexibilities beyond December 31, 2024. The legislation will help avoid this gap by ensuring the continuation of the following flexibilities (among others):
 

• Allowing all Medicare beneficiaries to receive telehealth services from any location, including their home;
• Retaining waiver of geographic restrictions on telehealth (i.e., patients are not required to be located in rural areas);
• Ensuring all Medicare providers eligible to bill Medicare can provide telehealth services (as opposed to only a limited list of eligible provider types);
• Delaying in-person requirements for tele-behavioral/mental health; and
• Allowing audio-only telehealth services.

What This Means for Providers

Providers of telehealth services reimbursable under Medicare and managed Medicare programs (as well as facilities and others with whom such providers are contracted) are encouraged to monitor for updates in the coming weeks regarding the status of applicable telehealth flexibilities. Various trade associations and other stakeholders continue to pressure lawmakers to implement longer-term solutions for the coverage of telehealth. Further developments may be forthcoming after the transition of presidential administrations on January 20, 2025. However, providers should also remain mindful that, although there remain broad telehealth flexibilities under Medicare, such flexibilities do not waive other requirements for Medicare billing, such as the requirement that, to be reimbursable, services must be reasonable and necessary for diagnosis or treatment of an illness or injury.

If you have questions about Medicare coverage of telehealth services and the latest updates on the extension of applicable telehealth flexibilities (including under state Medicaid programs), please contact krene@whitefordlaw.com. 

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The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.