What You Need to Know about the COVID-19 PHE Expiration

As you may already know, the Public Health Emergency (PHE) declared by the Department of Health and Human Services (HHS) is set to expire on May 11, 2023.

The PHE has been in effect since January 31, 2020, due to the COVID-19 pandemic, and it has provided significant regulatory flexibilities and funding for healthcare providers. This has allowed Medicare providers to deliver care in new and innovative ways, including through telehealth services, without facing the usual regulatory barriers.

However, with the expiration of the PHE, some of the regulatory flexibilities that were put in place will end, and Medicare providers will need to adjust accordingly.

The main issue that affects us is that audio-only telehealth visits now need to be HIPAA compliant. Here’s some information directly from CMS:

Access to Telehealth Services Medicare and Telehealth

During the PHE, individuals with Medicare had broad access to telehealth services, including in their homes, without the geographic or location limits that usually apply as a result of waivers issued by the Secretary, facilitated by the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, and the Coronavirus Aid, Relief, and Economic Security Act. “Telehealth” includes services provided through telecommunications systems (for example, computers and phones) and allows healthcare providers to give care to patients remotely in place of an in-person office visit.

The Consolidated Appropriations Act, 2023, extended many telehealth flexibilities through December 31, 2024, such as:

• People with Medicare can access telehealth services in any geographic area in the United States, rather than only those in rural areas.

• People with Medicare can stay in their homes for telehealth visits that Medicare pays for rather than traveling to a healthcare facility.

• Certain telehealth visits can be delivered audio-only (such as a telephone) if someone is unable to use both audio and video, such as a smartphone or computer.

Medicare Advantage plans may offer additional telehealth benefits. Individuals in a Medicare Advantage plan should check with their plan about coverage for telehealth services.

The good news is that telehealth is still covered until 2024! Make sure you are watching NASW and APA alerts closely to continue to advocate for this to be made permanent. Info from here.