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August 3, 2020

Dear Representatives Thompson, Welch, Matsui, Schweikert, and Johnson: 

Thank you for your continued leadership on telehealth as leaders of the House Telehealth Caucus. The undersigned organizations are pleased to support your recently introduced legislation, the Protecting Access to Post-COVID-19 Telehealth Act of 2020 (HR 7663). This legislation takes critical steps toward ensuring all Medicare beneficiaries have continued access to telehealth services after the COVID-19 public health emergency (PHE) period. 

For nearly 20 years, Medicare statute has severely limited telehealth services while other payers increasingly relied on telehealth to provide care to patients when and where they need it. This disparity became shockingly clear when the COVID-19 pandemic hit and in-person care was not an option for most patients. While Congress and the Centers for Medicare and Medicaid Services (CMS) acted quickly to implement waivers to allow for the reimbursement of telehealth services during the COVID- 19 PHE, seniors will lose access to this important care unless Congress again takes decisive action. 

According to preliminary data from CMS, in the last week of April, nearly 1.7 million Medicare beneficiaries utilized telehealth services versus 13,000 per week prior to the PHE.[1] Utilization did not significantly vary across geographical location (rural vs. urban), sex, race, or ethnicity.[2] Health care systems, providers, and the federal government (via grants) invested heavily in telehealth over the past few months to ensure their patients can continue to receive necessary care. There is no longer doubt that clinicians and patients alike benefit from the utilization of telehealth; however, whether these services can continue to be utilized widely after the PHE depends on further action from Congress. 

If passed, the Protecting Access to Post-COVID-19 Telehealth Act of 2020 will provide CMS the authority and ability to make evidenced-based decisions to ensure all Medicare beneficiaries continue to have access to these important services. The legislation includes four major and vital provisions to this end: 

• Removing arbitrary geographic restrictions on where a patient must be located in order to utilize telehealth services;
• Enabling patients to continue to receive telehealth services in their homes;
• Ensuring federally qualified health centers and rural health centers can furnish telehealth services; and
  • Establishing permanent waiver authority for the Secretary of Health & Human Services during future emergency periods and for 90 days after the expiration of a public health emergency period. 

[1] www.healthaffairs.org/do/10.1377/hblog20200715.454789/full/

[2]  Ibid