Sec. 6209. Extension of certain telehealth flexibilities
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/bill/119/hr/7148/ih/section-6209·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— in paragraph (2)(B)(iii), by striking ending January 30, 2026 and inserting ending December 31, 2027 ; and in paragraph (4)(C)(iii), by striking ending on January 30, 2026 and inserting ending on December 31, 2027 . Section 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended by striking ending on January 30, 2026 and inserting ending on December 31, 2027 . Section 1834(m)(8)(A) of the Social Security Act ( 42 U.S.C. 1395m(m)(8)(A) ) is amended by striking ending on January 30, 2026 and inserting ending on December 31, 2027 .
Section 1834(m)(7)(B)(i) of the Social Security Act ( 42 U.S.C. 1395m(m)(7)(B)(i) ) is amended, in the matter preceding subclause (I), by striking on or after January 31, 2026 and inserting on or after January 1, 2028 . Section 1834(y)(2) of the Social Security Act ( 42 U.S.C. 1395m(y)(2) ) is amended by striking January 31, 2026 and inserting January 1, 2028 . Section 1834(o)(4)(B) of the Social Security Act ( 42 U.S.C. 1395m(o)(4)(B) ) is amended by striking January 31, 2026 and inserting January 1, 2028 .
Section 1834(m)(9) of the Social Security Act ( 42 U.S.C. 1395m(m)(9) ) is amended by striking ending on January 30, 2026 and inserting ending on December 31, 2027 . Section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ) is amended— by striking ending on January 30, 2026 and inserting ending on December 31, 2027 ; and by inserting , except that this subclause shall not apply in the case of such an encounter with an individual occurring on or after January 31, 2026, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7), if such individual is receiving hospice care from a provider that is subject to enhanced oversight under this title pursuant to section 1866(j)(3), or if such encounter is performed by a hospice physician or nurse practitioner who is not enrolled under section 1866(j) and is not an opt-out physician or practitioner (as defined in section 1802(b)(6)(D)) before the semicolon.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ), as amended by paragraph (1), is further amended by inserting , but only if, in the case of such an encounter occurring on or after January 1, 2027, any hospice claim includes 1 or more modifiers or codes (as specified by the Secretary) to indicate that such encounter was conducted via telehealth after as determined appropriate by the Secretary . Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph:
Not later than January 1, 2027, the Secretary shall establish requirements to include one or more codes or modifiers, as determined appropriate by the Secretary, in the case of— claims for telehealth services under this subsection that are furnished through a telehealth virtual platform— by a physician or practitioner that contracts with an entity that owns such virtual platform; or for which a physician or practitioner has a payment arrangement with an entity for use of such virtual platform; and claims for telehealth services under this subsection that are furnished incident to a physician’s or practitioner’s professional service. .
Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.
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