Big Policy Win: Provider Location & Home Address Reporting
On Thursday, the Centers for Medicare and Medicaid Services (CMS) released an updated FAQ clarifying that practitioners who furnish telehealth services from their homes, but maintain a physical practice location, are not required to report their home address on their Medicare enrollment application. Instead, providers can continue to list their associated practice address indefinitely.
This long-awaited clarification is a major win for ATA Action, our members, and providers dedicated to delivering high-quality virtual care. For years, we have strongly advocated for CMS to permanently maintain the COVID-19 waiver allowing providers who deliver telehealth services from home to list their practice address in Box 32 of Medicare forms, rather than their personal home address.
However, CMS also stated that virtual-only practitioners whose sole physical practice location is their home must continue to list their home address. This remains an important policy challenge, and ATA Action will continue working closely with CMS to advance a more appropriate and privacy-conscious solution.
CMS Guidance on Retroactive Payments for Telehealth Claims During Shutdown
In the same CMS FAQ noted above, the agency also stated they “will continue to pay telehealth claims in the same way they had been paid before October 1, 2025. Telehealth flexibilities will apply retroactively as if there hadn’t been a temporary lapse in the application of the telehealth flexibilities through January 30, 2026.”
Sign-on Letter: Support the Remote Patient Monitoring Access Act
The Rural Patient Monitoring (RPM) Access Act (S. 1535/H.R. 3108) would ensure Medicare patients in rural and underserved communities have access to remote physiologic monitoring services, which lower costs and improve access to care by using technology to collect and transmit patient health data to healthcare providers.
If interested in supporting this legislation, please sign the letter to Congress requesting additional cosponsors. A one-pager can be found here.
President Trump’s Draft Artificial Intelligence Executive Order
Today, we received a working draft of a new Artificial Intelligence Executive Order from President Trump. This document has not yet been made official, but multiple sources indicate that a finalized version may be released as early as tomorrow. Although, if made official, we foreseen litigation challenges ahead.
By background, the administration has increasingly identified AI dominance as core to national security and economic leadership, and this draft Executive Order reflects that priority. News reports also frame the forthcoming EO as part of a broader federal push to expand computing capacity and national grid infrastructure to support rapid AI growth.
Key components included in the working draft:
- Federal Preemption of State AI Laws
- Creation of a DOJ AI Litigation Task Force
- 90-Day Federal Review of All State AI Laws
- Potential Loss of Federal Funding for Non-Compliant States
- New Federal Reporting & Transparency Standards
- Legislative Push to Cement Federal Control
We will continue monitoring developments closely and will provide updates as soon as the final version of the Executive Order is released.
New Federal Privacy Bill: The Health Information Privacy Reform Act (S.3097)
Senator Bill Cassidy (R-LA) recently introduced the Health Information Privacy Reform Act (the Act), which aims to fill the gaps in federal privacy protections for consumer health data. The Act creates a federal health information privacy and security framework largely mirroring HIPAA for other health information processors and amends the Public Health Services Act to align the confidentiality requirements applicable to substance abuse disorder (SUD) treatment records with HIPAA requirements. Among other things, the Act would also create additional requirements for individual third-party PHI access requests and seek to modernize data use and de-identification standards and guidance, by addressing artificial intelligence.
We continue to monitor this bill and will be delving into the details at future ATA and ATA Action meetings, so be sure to reach out to Alexis Apple (aapple@ataaction.org) with your questions and concerns.
Advancing Digital Health Coalition Meeting: AI in Mental Health
Following the November 6 meeting of the U.S. Food and Drug Administration (FDA) Digital Health Advisory Committee (DHAC), our Advancing Digital Health Coalition held a special session exploring the regulation of AI and other automated tools for mental health. Big thanks to our speakers: Dr. Ami Bhatt, Chair of the FDA’s Digital Health Advisory Committee, Nick Jacobson, Associate Professor, Biomedical Data Science and Psychiatry at Dartmouth, Aubrey Shick, Principal at Launch and Logic, and Michael Schellhous, Healthcare Innovation Attorney, Nixon Law Group.
Key takeaways from our discussion include:
- Clear, proportionate risk-based evidence frameworks and cross-agency collaboration are necessary to facilitate innovation while ensuring patient safety and clinical integration. Otherwise, lack of clarity and unnecessarily burdensome FDA regulation of automated medical devices for mental health could delay or deter these devices from entering the market, leaving unregulated AI for mental health to proliferate, increasing risk to consumers. It is crucial for ATA and its members to engage with regulators moving forward on this topic.
- Autonomous care in mental health without clinician oversight is of concern to the FDA and other regulators (particularly for moderate to high-risk patients) illustrating a need for studies demonstrating safety and efficacy of automated solutions and the need for researchers and practitioners in this field to share their work.
- Risks inherent in using AI for mental health can be mitigated by mental health condition specific design, transparency, safeguards, and guardrails.
- ATA Action will be submitting comments in response to the DHAC meeting and encourages members to do so as well (deadline December 8th).
In 2026, the ADHC will be leading ATA Action’s activities related to the use of artificial intelligence in health care. Contact Andy Molnar (amolnar@ataaction.org) for more information or to join the coalition.
Policy Town Hall at ATA Insights Summit
This week, at the ATA Insights Summit, our policy team hosted a Policy Town Hall, providing updates across a rapidly shifting policy landscape:
- Kyle Zebley shared insights on the end of the government shutdown, its implications for telehealth stability, and the ATA’s high-level 2026 vision.
- Lani Reilly outlined the ATA’s evolving AI Policy Principles, centered on transparency and right-sized regulation. Currently undergoing review by our Policy Council and Board of Directors, these updated AI Policy Principles are aligned with the ATA’s Policy Principles framework, that will ensure consistent, credible messaging for educating key stakeholders.
- Andy Molnar closed the session with updates from the Advancing Digital Health Coalition, including work on Prescription Drug Use Related Software (PDURS) and Software as a Medical Device (SaMD), reinforcing the coalition’s role in shaping strong, consistent pathways for digital health innovation.
Prescription Drug Use Related Software (PDURS) Working Group
This month, ATA Action submitted its comment letter to the Food and Drug Administration (FDA) requesting specific changes to their final guidance to better reflect the Agency’s original goals for the Prescription Drug Use Related Software (PDURS) framework and align with the approach being taken by pharmaceutical manufacturers and digital health companies. ATA Action will continue our enthusiastic support of the PDURS initiative and work to align the interests of all stakeholders around improving patient outcomes and empowering providers to utilize these tools.
The next step for the Advancing Digital Health Coalition’s PDURS Task Group is producing a white paper, with the goal of publishing in January 2026. ADHC members interested in participating should contact Lani Reilly at lreilly@ataaction.org.