After continuing COVID-related telemental health laws and behavioral telehealth regulations in 2022, many key issues for 2023 are already decided. Both federal and state legislative groups have focused heavily on passing behavioral telehealth regulations to be enacted in 2023 and are poised to extend in subsequent years. First, the Public Health Emergency (PHE) is likely to be extended for three months in January, bringing today’s best predictions for the end of the PHE to April 2023. In addition, the Consolidated Appropriations Act of 2022 ensures a 151-day extension period beyond the end of the PHE to allow for a transition before many of the policies outlined in the COVID-19 PHE are currently set to expire.
Numerous groups are urging Congress to take more extensive and decisive action. Concerns center on what to expect regarding telehealth benefits and repercussions leading to interruptions to the continuum of care in the absence of the PHE. The National Association of Medicaid Directors (NAMD) submitted a letter to congressional leaders stating that the lack of clarity about another extension “exacerbates the uncertainties for state planning to resume normal Medicaid operations.” A consumer poll by America’s Health Insurance Plans reported a strong consumer preference for telehealth to remain available, with 73% of commercially-insured telehealth users indicating that Congress should make telehealth provisions permanent.
This article below will review several key elemental health and behavioral telehealth legislative issues at the federal level, the individual state level, and within several key behavioral professions.
US Federal Behavioral Telehealth Regulations
Most notable for behavioral professionals is that telephone and video telehealth reimbursement has been permanently approved, despite continued confusion about telephone billing codes and modifiers. Professionals focused on expanding their telehealth services through Medicare will also be delighted to see the Centers for Medicare…
