On May 9, 2024, the U.S. House Ways and Means Committee advanced legislation to extend pandemic-era telehealth flexibilities through 2026. The bill, referred to as the Preserving Telehealth, Hospital, and Ambulance Access Act, would extend the ability of Medicare beneficiaries to access care via telehealth through December 31, 2026, among other things.

During the pandemic, the federal government had taken steps to expand the ability of healthcare providers to offer medical care via telehealth to ensure patients could continue to access care. When the public health emergency expired, many of those telehealth flexibilities were set to expire as well. While some were made permanent, many were temporarily extended through 2024 while Congress and CMS continued to evaluate the future of telehealth services.

The recently advanced legislation would further extend a number of flexibilities, including the removal of geographic restrictions, expanding the list of providers that can offer virtual services, and the continued allowance of certain audio-only telehealth care. The bill would also extend the Medicare acute hospital at home program for an additional five years.

Following the Committee’s advancement of the bill, the legislation will now proceed to the floor of the House for further debate and consideration. While this development suggests that a move to make these telehealth flexibilities permanent may be off the table for the time being, the continued extensions further engrain these modes of delivering healthcare in the minds of Medicare beneficiaries and are likely to only bolster the desire of many to eventually make the expansion of telehealth permanent.

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Photo of John W. Kaveney John W. Kaveney

Partner, Healthcare and Litigation Departments

Mr. Kaveney focuses his practice in the area of healthcare law, representing a range of clients that includes for-profit and non-profit hospitals and health systems, academic medical centers, individual physicians and physician groups, ambulatory surgery centers, ancillary service…

Partner, Healthcare and Litigation Departments

Mr. Kaveney focuses his practice in the area of healthcare law, representing a range of clients that includes for-profit and non-profit hospitals and health systems, academic medical centers, individual physicians and physician groups, ambulatory surgery centers, ancillary service providers, medical billing companies, skilled nursing and rehabilitation facilities, behavioral health centers and pharmacies.

His practice in the healthcare field encompasses advising healthcare clients on corporate compliance matters, including the implementation of new, and the assessment of existing, corporate compliance programs. He also assists healthcare clients with compliance audits and investigations, as well as guiding clients through the self-disclosure and repayment processes. Finally, he provides general legal advice concerning compliance and regulatory matters under state and federal healthcare laws.

In the area of information privacy and data security, Mr. Kaveney advises healthcare clients on issues arising under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH). This includes the implementation and assessment of privacy and security policies and procedures to ensure the proper protection and utilization of protected health information both by healthcare providers and the business associates with which they contract. In addition, he represents healthcare clients in investigating, reporting, and remediating information breaches and the liability such breaches create under various information privacy and security laws.

Additionally, Mr. Kaveney provides counsel on Medicaid and Medicare reimbursement matters before the Division of Medical Assistance and Health Services and the Provider Reimbursement Review Board, as well as assisting clients in civil litigation and with professional licensing and medical staffing concerns.

Contact information:

jkaveney@greenbaumlaw.com | 973.577.1796 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.