House Committee approves legislation to extend telehealth therapy waivers through 2026

Further Congressional action is needed before waivers expire in December

The House Ways and Means Committee voted on May 8 to extend waivers that have allowed occupational therapy practitioners (OTPs) along with PTs, SLPs and audiologists to provide services via telehealth in Medicare through December 31, 2026. This legislation, the Preserving Telehealth, Hospital, and Ambulance Access Act (H.R. 8261), would also extend other important telehealth waivers that are essential to the provision of services via telehealth by all healthcare providers. The policy must still be approved by the House Energy and Commerce Committee as well as the full House of Representatives and the Senate where the Senate Finance Committee has already held numerous hearings on telehealth policy.

AOTA has formally endorsed three bills that would permanently list OTPs as Medicare telehealth providers. AOTA staff and members have worked to gain support for the Expanded Telehealth Access Act (H.R.3875/S.2880) which was introduced last year by Reps Mikie Sherrill (D-NJ) and Diana Harshbarger (R-TN) along with 52 House co-sponsors and Senators Steve Daines (R-MT) and Tina Smith (D-MN) along with 6 Senate co-sponsors. AOTA has also endorsed the Telehealth Modernization Act (TMA, H.R.7623/S.3967) which was introduced in March by Rep Buddy Carter (R-GA) and 12 House co-sponsors and Senator Tim Scott (R-SC) and 8 Senate co-sponsors. TMA is a comprehensive bill that would also address other critical issues to enable telehealth to continue for all Medicare providers, and AOTA worked with TMA champions to ensure that OTPs were included in this bill. AOTA has also endorsed H.R.8151 which was introduced by Reps Mike Kelly (R-PA), Mike Thompson (D-CA) and Adrian Smith (R-NE) on April 29. This bill would also make OTPs, PTs, SLPs and audiologists permanent telehealth providers under Medicare.

OTPs were not eligible to provide services to Medicare beneficiaries via telehealth until Congress enacted, and CMS implemented, waivers in response to the Covid-19 pandemic. These public health emergency (PHE) waivers expired in 2023; however, after significant advocacy efforts, Congress had already enacted legislation that allowed OTPs and other therapy professionals to continue as Medicare telehealth providers through the end of 2024. AOTA engaged with CMS to clarify that these extended waivers apply in all settings where OT services are provided after the clear intention of the law was misinterpreted in some cases.

The rapid expansion of telehealth to deliver OT services during and after the PHE enabled OTPs to demonstrate the clear value of these services provided alone or in conjunction with in-person services. Telehealth has been especially beneficial for people in rural and other underserved areas and to those for whom travel to receive services was already a barrier to access, including people with disabilities.

OTPs have reported that telehealth has reduced cancellations and postponements while making it easier to connect with beneficiary caregivers. Of critical importance, telehealth “home tours” are a specific OT telehealth benefit that cannot be duplicated in a facility/office setting. OTPs report that telehealth has enabled in-home “video tours” to identify home safety issues that would never be identified by the patient in a facility/office setting. This can be crucial in preventing falls, addressing functional decline, and avoiding costly emergency room visits and hospital admissions which can reduce the cost of care.

AOTA will continue to work with Congressional champions to ensure that occupational therapy is included when Congress passes legislation related to the Medicare telehealth waivers. You are encouraged to contact your Representative and Senators to urge them to co-sponsor H.R.3875/S.2880 by visiting AOTA’s Legislative Action Center.