What’s happening: CMS responded to stakeholder concerns about the uncertain status of certain important Medicare Part B telehealth waivers impacting residents of nursing facilities and assisted living residences upon the end of the public health emergency (PHE).

• The agency updated two related FAQs in its CMS Waivers, Flexibilities, and the End of the COVID-19 Public Health Emergency FAQs.

The details: The updated FAQs say:

• FAQ #22: Confirmed that the recently enacted Consolidated Appropriations Act of 2023 provisions recognize physical therapists (PT), occupational therapists (OT), and speech-language pathologists (SLP), working in office- or facility-based settings, remain as distant site practitioners under Medicare law.
• FAQ #23: CMS indicated that physicians could continue to furnish telehealth services to nursing facility residents for visits, other than the required 30 or 60 day in-person visits required under 42 CFR 483.30, until at least December 31, 2023. 

Why it matters: These decisions extend the flexibilities for Medicare beneficiaries residing in SNF and AL settings, particularly those in rural and underserved areas.

• This allows for ongoing access to therapy and physician telehealth services under Medicare Part B, as they experienced during the COVID-19 PHE.
• Providers, including SNFs, will continue to submit claims for these telehealth services as they have done so during the PHE.