Legislation introduced to extend telehealth waivers through September 2027

Action needed by September 30

Reps. Buddy Carter (R-GA) and Debbie Dingell (D-MI) and Senators Tim Scott (R-SC) and Brian Schatz (D-HI) have reintroduced the Telehealth Modernization Act (H.R.5081/S.2709) which would extend telehealth waivers through September 30, 2027. This is essential as existing waivers that allow occupational therapy practitioners (OTPs) as well as PTs and SLPs to provide services via telehealth for Medicare beneficiaries will expire on September 30, 2025. The Telehealth Modernization Act also includes other provisions that are essential to maintaining and enhancing the use of telehealth in Medicare. If no action is taken by Congress this month, the vast majority of telehealth options for Medicare beneficiaries including access to occupational therapy via telehealth will end.

There is broad bi-partisan support to extend telehealth waivers in Congress, and an earlier 2-year therapy telehealth waiver extension was included as part of a package of healthcare bills developed by Congress last December. This package was derailed by issues unrelated to Medicare or telehealth, and Congress has subsequently enacted short-term telehealth waiver extensions.

AOTA has lobbied for legislation that would establish OTPs as permanent telehealth providers in Medicare and to extend existing waivers until a final policy is established. Representatives Mike Kelly (R-PA), Mike Thompson (D-CA) and Adrian Smith (R-NE), have already reintroduced legislation (H.R.1614) which would make OTPs as well as other therapy providers permanent Medicare telehealth providers. In addition, AOTA is supporting efforts to reintroduce the Expanded Telehealth Access Act which would also establish OTPs as permanent Medicare telehealth providers. AOTA will continue working with Congressional champions to extend telehealth waivers beyond September 30 and advance efforts to make them permanent.