Virtual Care Policy Update: What to Expect in Lame Duck - McDermott+

Virtual Care Policy Update: What to Expect in Lame Duck

The Consolidated Appropriations Act (CAA), 2023 (Public Law 117-328), signed into law on December 29, 2022, extended certain key virtual care flexibilities instituted during the COVID-19 public health emergency (PHE) through December 31, 2024. These included the Medicare telehealth flexibilities, the telehealth safe harbor for health savings account (HSA)-eligible high deductible health plans (HDHPs), and the Acute Hospital Care at Home (AHCAH) Initiative. Without congressional action, these waivers and flexibilities will end on December 31, 2024.

An extension of a temporary US Drug Enforcement Administration (DEA) policy around the prescription of certain controlled substances through telemedicine also needs to be addressed. The current extension ends December 31, 2024, without further action from DEA.

Read on for more information on these policies, relevant regulatory and congressional action, and the likelihood of further extensions before the end of this year.

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