Resources & Reports

Last Friday, Congress passed a new Continuing Resolution (CR) to maintain federal government funding and extend temporary Medicare telehealth flexibilities to September 30, 2025 (pushing back the previous expiration date of March 31). President Trump signed it into law shortly after. While this extension provides some relief, telehealth stakeholders now face yet another looming deadline in September, keeping long-term policy uncertainty in play. Meanwhile, lawmakers continue to stress the need for data to justify permanent telehealth coverage.  Two recent studies from the University of Michigan’s Institute for Healthcare Policy and Innovation may help to alleviate concerns that expanded Medicare telehealth coverage will increase healthcare utilization and spending:

• Telehealth and Outpatient Utilization: Trends in Evaluation and Management Visits Among Medicare Fee-For-Service Beneficiaries, 2019-2024
• Association Between Telehealth Use and Downstream 30-Day Medicare Spending

CCHP’s March Newsletter is here! This month’s newsletter includes the following topics – Upcoming Medicare Telehealth Changes: What You Need to Know; AI in Healthcare 2025: Trends, Adoption, and the Evolving Regulatory Landscape; Telehealth’s Evolution in California: Progress, Challenges, and Opportunities; Latest Developments in CCHP’s Telehealth Policy Finder and Policy Trend Map; For California Farmworkers, Telehealth Visits With Mexican Doctors Fill a Gap; Medicaid Telehealth Policies Strain FQHCs, Worsening Workforce Shortages and Access to Care.

Telehealth billing is an increasingly complicated policy area given that billing rules vary widely across different payers, including Medicare, Medicaid, and commercial insurance. This newsletter seeks to provide information on provider and payer coding considerations that dictate current billing practice. We will also address related research and a few areas of confusion when it comes to billing challenges for telehealth services. Note that while the Medicare telehealth waivers, currently set to expire on March 31, 2025, are not the primary focus of this newsletter, they are briefly addressed at the end of this write-up.

The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) have announced a delay in the effective date for the recently issued final rules regarding the telemedicine prescribing of buprenorphine and telemedicine for Veterans Affairs Patients (which are further detailed below). Originally scheduled to become effective February 18, the rules will now take effect on March 21, 2025. This decision aligns with the White House memorandum issued on January 20, which called for “A Regulatory Freeze Pending Review” to allow agencies further review of any fact, law, and policy considerations prior to proposing, issuing, or finalizing any regulatory activities. In particular, the DEA/HHS announcement cites the third paragraph of the Freeze Memo, which ordered agencies to consider postponing the effective dates for any recently published rules that have yet to take effect.

Cross-state practice issues continue to be some of the most complex policy areas related to the use of telehealth. Since telehealth is generally considered rendered at the patient’s location, if the provider is located in a different jurisdiction than the patient at the time of a telehealth visit, technically both states’ laws and requirements will apply to the provision of care. Over the last year, CCHP has covered some of the most prominent legal cases challenging this cross-state practice construct more extensively (see New Jersey Telemedicine Licensure Court Case – dated April 16, 2024 and CCHP 2024 Webinar Series: Cross-State Licensure Court Cases), and today’s newsletter seeks to provide additional legal updates and clarifications around policies applying to the use of telehealth across state lines.