Rep. Earl “Buddy” Carter (R-GA) and Rep. Debbie Dingell (D-MI) are spearheading a bipartisan effort to establish permanency for telehealth access with H.R. 5081, the Telehealth Modernization Act, a bill that was introduced to the House on Sept. 2.

The effort comes just 28 days before telehealth extensions for Medicare patients are set to expire on Sept. 30. These COVID-19-era flexibilities have been renewed, yet minimal efforts have been made to create permanence for the new, but widely used, health care modality.

“Telehealth services are an essential part of our healthcare system,” Dingell stated in a press release accompanying the effort. “It is a fact that having to physically travel to a doctor’s office or hospital can present a serious barrier to care for seniors, people with disabilities, and people who live in rural areas that are far from a health care provider.”

The bill seeks to extend these flexibilities for two years longer until September 2027, and delay the in-person requirements for mental health services delivered via telehealth capabilities until October 2027. It would also broaden the types of providers who can engage in telehealth for care delivery to nurse practitioners, non-doctor clinicians and therapists, allowing them to provide virtual care through 2027.

Outcomes from telehealth therapy compared to in-person therapy are largely on par, studies have shown, with “both in-person and remote patients experienced symptom reduction, and both populations reported improvements in quality of life,” according to a 2021 National Institutes of Health study.

“By extending telehealth flexibilities for patients, we are making health care more accessible, regardless of their physical location,” Carter stated in the release.

If the legislation is not passed and an extension is not granted, pre-pandemic rules will take effect, and Medicare patients will be required to see a therapist or psychiatrist at least once per year before continuing telehealth treatment. Providers will have to adjust patient load and care plans accordingly if requirements shift backward.

“If we kind of go backwards in telehealth, I think we’ll have huge ramifications, not just on revenue cycle and things like that, but ultimately on access, access to care for our patients and families and ultimately health outcomes as a result of that,” Dr. Stephen Gillaspy, senior director of health and health care finance at the American Psychological Association, told Behavioral Health Business.

Earlier this year, the Office of the Inspector General found that 45% of behavioral health providers do not take Medicare or Medicaid patients – underscoring the importance of the reach telehealth services can have in broadening access for those populations.

The bill was referred to the House Committee on Energy and Commerce and to the Committee on Ways and Means. A Senate companion bill has also been introduced and is being led by Sen. Tim Scott (R-SC) and Sen. Brian Schatz (D-HI).

However, time to create a clear pathway for these telehealth extensions is running against the clock. 

Lawmakers also introduced similar legislation in June with the Telemental Health Care Access Act, which would remove the requirement for Medicare beneficiaries to be seen in person within the first six months of starting behavioral health services with a provider. That bill was also referred to the House Committee on Energy and Commerce and to the Committee on Ways and Means, but has yet to see further action.