Congress Back in Session
The House and Senate are back from August recess amidst discussion there may be a possible short-term continuing resolution (most likely through December) to fund the government past September 30, which would include other extenders such as telehealth. However, we cannot rule out the likelihood that a shutdown may occur, which would impact our members and cause telehealth policies to revert to pre-pandemic rules, limiting reimbursable services and leaving millions of patients without access to care. We will have clearer insights in the days ahead and continue to closely monitor developments. ATA Action is doing everything possible to minimize disruption for our members and patients if a shutdown does occur.
Ongoing Collaboration with the Trump Administration
ATA Action is in ongoing dialogue with key agencies and decision-makers in the Trump administration to raise awareness for critical telehealth and digital health policies and ensure support for our ongoing initiatives. We continue to advance our federal agenda on time-sensitive issues, including Medicare telehealth and Acute Hospital Care at Home flexibilities, remote prescribing of controlled substances, concerns around the CMS “Box 32” provider address requirement, and advancing priorities such as AI in healthcare, digital therapeutics, and virtual foodcare.
ATA Action Submits Detailed Comments in Response to Proposed CY2026 Medicare Physician Fee Schedule
This week, we submitted comprehensive comments to Dr. Mehmet Oz, Administrator, Centers for Medicare & Medicaid Services (CMS), in response to the draft CY2026 Medicare Physician Fee Schedule (PFS) while acknowledging CMS’s continued commitment to advancing virtual care and innovation within the Medicare program. Learn more in our press release.
Specifically, ATA Action urged CMS to collaborate with Congress to make permanent or extend the COVID-19 telehealth flexibilities for as long as possible before the end of September, including:
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Waiving originating and geographic sites
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Audio-only coverage
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Expansion of Medicare telehealth list to include therapists
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Allowing Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) to serve as distant sites
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Temporary waiver of telemental health in-person requirement
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Continuation of Acute Hospital Care at Home Program
ATA Action continues to urge CMS to permanently allow telehealth providers to use their practice address, not their home address, on Medicare billing and enrollment forms. If allowed to expire on December 31, it would raise serious privacy and safety concerns for clinicians and significantly increase administrative burdens for providers and health systems alike.
We also encouraged CMS to address provisions in the PFS relative to key areas important to our members, including telehealth, digital health, and virtual foodcare, including:
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Facilitate Diagnostic Testing By Virtual Care Providers
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Finalize Proposed Modification of the Medicare Telehealth Services List and Review Process
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Clarify, Finalize, and Extend Medicare Diabetes Prevention Program (MDPP)
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Expand the Advanced Primary Care Management (APCM) Codeset to All Providers
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Expand Digital Mental Health Treatment Code Proposals and Codes
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Expand Coverage for Digital Therapeutics With New Codes
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Create Separate Coding and Payment For Medically Tailored Meals
Read our full PFS comment letter here.
ATA Action Also Submitted Comments in Response to CY2026 DMEPOS Draft Rule
Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Medicare benefits have covered items such as prosthetics, ostomy supplies, braces, wheelchairs, oxygen equipment, and glucose testing strips, but these benefits can also be applied to emerging technologies.
In a letter to CMS Administrator Oz, ATA Action applauded the Agency’s efforts to modernize Medicare by extending the DMEPOS benefit to innovative devices like
Applied VR’s in-home virtual reality (VR) treatment for chronic lower back pain and
MedRhythm’s rehabilitation system for chronic stroke gait impairment. We urged
CMS to continue to extend coverage for innovative technologies, such as Freespira’s treatment for the symptoms of posttraumatic stress disorder (PTSD) and panic disorder, under existing DMEPOS benefits.
Further, we recommended CMS reconsider several proposals to support prevention of fraud, waste and abuse (FWA) while encouraging healthcare innovation:
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Remove unnecessary restrictions on providers who may conduct a face-to-face encounters as part of home health certification.
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Finalize accrediting organization (AO) proposals to improve oversight of AOs, increase consistency in accreditation processes, and enhance oversight of DMEPOS suppliers.
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Utilize alternatives to proposed annual accreditation that do not require annual reaccreditation and surveys for DMEPOS suppliers.
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Develop a reasonable approach to retroactive revocation.
Read our full DMEPOS comment letter here.
HHS Secretary Kennedy Pushes Expanded Nutritional Education in Medical Schools
Last week, HHS Secretary Robert F. Kennedy Jr. gave U.S. medical schools until September 8 to submit plans to expand nutrition education as a part of his broader “Make America Healthy Again” initiative. Supported by Education Secretary Linda McMahon, Secretary Kennedy noted that schools would be at risk of losing federal funding if they failed to comply. News coverage can be found here. |
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