Legislators float bipartisan bill to safeguard telehealth

The legislation would extend COVID-19-era emergency waivers for two years, buying some time before the arrival of the so-called telehealth cliff.
By Kat Jercich
02:53 PM

Photo: FatCamera/Getty Images

A group of legislators from the House Ways and Means Health Subcommittee have introduced a bill aimed at temporarily extending telehealth flexibilities established during the COVID-19 pandemic.

The bill, the Telehealth Extension Act, would also end geographic and site restrictions on approved telemedicine services for Medicare beneficiaries.  

"Expanded access to telehealth, permitted by emergency waivers, has transformed healthcare delivery – helping patients connect easily and safely with their physicians in a timely manner. As the pandemic enters an unpredictable new stage and emergency waivers may expire, patients and providers should not face a cliff of uncertainty," Subcommittee Chair Rep. Lloyd Doggett, D-Texas, said in a statement.   

"This forward-looking bill, based on expert, independent recommendations, provides clarity, certainty, and a foundation for building a telemedicine system that expands access, preserves patient choice and includes basic safeguards against fraud and exploitation," said Doggett.  

WHY IT MATTERS  

Despite being broadly popular on both sides of the aisle, Congress has yet to approve the geographic- and site-related Medicare provisions the new bill would establish.  

Meanwhile, the proposed two-year extension of COVID-19 era telemedicine waivers seems to give elected officials some breathing room with regard to permanent telehealth policy.  

The extension would allow clinicians like speech language pathologists, occupational therapists and physical therapists to provide telehealth services; enable critical access hospitals to furnish virtual outpatient behavioral therapy services; and allow payment for appropriate audio-only services.  

"Throughout the pandemic, telehealth has proven time and again to deliver high-quality care to individuals regardless of where they live," said Rep. David Schweikert, R-Arizona. "This legislation is a critical step to increase accessibility, improve outcomes and equip our nation with the tools it needs to respond to future emergencies."  

In addition, legislators say the Telehealth Extension Act would ensure federally qualified health centers, rural health clinics, Indian Health Service facilities and Native Hawaiian Health Care Systems can provide telehealth services.  

It also aims to address concerns regarding fraud by requiring an in-person appointment within six months of ordering high-cost durable medical equipment or major clinical laboratory tests, authorizing the Centers for Medicare and Medicaid Services to audit outlier physicians, and requiring providers to use their own national provider identifier when billing Medicare for a telehealth service.  

Finally, the bill provides broad authority for CMS to authorize future telehealth flexibilities in a disaster.  

"The COVID-19 pandemic has shifted how rural Americans receive health care in fundamental ways," said Rep. Mike Kelly, D-Pennsylvania. "Seniors can now see their doctor from the comfort of their own homes, and families can visit the doctor on hours that work for their schedule. Unfortunately, many of the telehealth flexibilities families have come to rely on are going to expire.  

"This bill extends those, then goes further to lower barriers to healthcare for rural and underserved areas," Kelly said.  

Lawmakers note that the bill is endorsed by a wide range of organizations, including Healthcare IT News parent company HIMSS, eHealth Initiative, the National Rural Health Association, the National Association of Rural Health Clinics, the American Occupational Therapy Association, the American Physical Therapy Association, the American Heart Association and the American Nurses Association, among others.  

THE LARGER TREND  

Lawmakers have introduced numerous telemedicine-related bills during the COVID-19 pandemic, but none have managed to gain serious traction. 

The CONNECT for Health Act, introduced in April and sponsored by 50 senators, is still in committee, as is the Protecting Access to Post-COVID-19 Telehealth Act of 2021 in the House.  

Policies to expand broadband access, which would indirectly enable telehealth, have been somewhat more successful.  

ON THE RECORD  

"Telehealth is a cost-effective and efficient way to deliver health care, particularly for rural and underserved areas," said Rep. Mike Thompson, D-California.   

"I am proud to join Chairman Doggett in introducing the Telehealth Extension Act, important bipartisan legislation to make telehealth available for more patients, no matter where they receive care," said Thompson.

 

Kat Jercich is senior editor of Healthcare IT News.
Twitter: @kjercich
Email: kjercich@himss.org
Healthcare IT News is a HIMSS Media publication.

Want to get more stories like this one? Get daily news updates from Healthcare IT News.
Your subscription has been saved.
Something went wrong. Please try again.