[Editor's note: On Thursday night, the U.S. Senate voted to approve the spending package.]

The U.S. House of Representatives approved an omnibus spending bill late Wednesday night that extends temporary telehealth flexibilities under Medicare beyond the COVID-19 pandemic.  

With the passage of the bill, which now heads to the U.S. Senate, several COVID-19-era telehealth policies will remain in place for about five months after the public health emergency ends.   

"We commend legislators for including critical telehealth extensions in this must-pass legislation, ensuring that patients do not fall off a 'telehealth cliff' immediately after the COVID-19 public health emergency ends," said Kyle Zebley, vice president of public policy at the American Telemedicine Association and executive director of ATA Action.   

WHY IT MATTERS  

The mammoth $1.5 trillion spending bill also includes emergency funding for Ukraine, climate change investments and a renewal of the Violence Against Women Act.  

The bill would preserve for at least five months several virtual care-related flexibilities, including those concerning:

• Originating site, with Medicare beneficiaries able to receive services from any geographic location.
• Eligible practitioners, including physical therapists, occupational therapists, special therapists and audiologists.
• Federally Qualified Health Centers and Rural Health Clinics.
• In-person requirements for mental health, with providers not mandated to see their patients in person before conducting a mental telehealth visit.
• Audio-only care.

The public health emergency is currently slated to end in April, although HHS Secretary Xavier Becerra may elect to continue extending it.   

The 2,700-page bill passed by the House this week would allocate funds for purchasing and implementing telehealth services for rural facilities, developing a model for rural maternal healthcare that may include virtual services, shoring up cybersecurity, and expanding the United States' broadband network.  

In addition, it would require the Medicare Payment Advisory Commission, or MEDPAC, to conduct a study on telehealth expansion under COVID-19 and submit a report to Congress on the findings by June 2023.  

The U.S. Department of Health and Human Services will also post Medicare claims data – including information concerning beneficiary characteristics – on a quarterly basis starting July 1, 2022.  

Industry groups and advocates cheered the provisions.

"We are hopeful for a longer extension in the future or a permanent solution to provide more certainty to patients and providers that telehealth won’t disappear, but greatly appreciate this initial extension. We will continue to work with Congress and HHS on any additional authorities that may be needed," said Zebley.

"Business Roundtable strongly supports provisions in the package to aid Ukraine and the Ukrainian people," said the CEO association Business Roundtable in a statement. "The Roundtable also welcomes provisions to ensure continued investment in our nation’s physical infrastructure and measures to enhance broadband connectivity, extend coverage of telehealth services that serve Americans across the country and prevent cyberattacks.

"We urge the Senate to swiftly pass the omnibus bill," it continued.

THE LARGER TREND  

Advocates, including the ATA, had warned legislators about the potential for the "telehealth cliff" – namely, that patients and providers used to virtual care would find themselves abruptly cut off.  

Although the five-month extension does provide some padding, groups have continued to ask for permanent action from Congress to provide more certainty, including with regard to prescription of controlled substances.

"We are hopeful that the DEA will make progress on this issue in a more permanent fashion and urge Congress and the DEA to continue to prioritize this issue as an important mechanism for patients to obtain medically necessary treatments, particularly for those who have established relationships with their clinicians virtually during the pandemic," said Zebley in a statement on Wednesday.  

ON THE RECORD  

"We’re pleased that the package extends Medicare’s expanded coverage of telehealth services so that seniors nationwide can continue to access care virtually after the end of the public health emergency," said Reps. Frank Pallone Jr., D-N.J., and Anna G. Eshoo, D-Calif., in a statement Wednesday night.

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