What happens if the telehealth flexibilities expire?

If Congress does not reach an agreement prior to the expiration of these flexibilities on January 30, as of January 31, 2026, the Medicare telehealth flexibilities revert to pre-pandemic limitations:

• Return of geographic and originating site requirement. Medicare patients can only receive non-behavioral/mental-health telehealth services from specific originating sites, such as a provider’s office, a hospital, or a skilled nursing facility.
• Limited provider type eligibility. The list of providers eligible to provide Medicare covered telehealth services is limited to physicians, physician assistants, advanced practice registered nurses, certain behavioral health providers, and registered dietitians or nutrition professionals.
• Audio-only telehealth ends. Audio-only telehealth services will only be covered for behavioral/mental health.
• Rural health clinic/federally qualified health center flexibility as distant sites ends. These rural entities may no longer serve as distant sites for telehealth services other than behavioral/mental telehealth.
• Return of the mental health visit in-person requirement. For diagnosis, evaluation, or treatment of a behavioral health disorder via telehealth to be covered by Medicare, an in-person visit is required within six months before the initial telehealth visit and every 12 months thereafter, with limited exceptions.

In addition to the expiration of the telehealth flexibilities, the Acute Hospital Care at Home waivers would expire on January 30, 2026.

The Medicare telehealth flexibilities previously lapsed on October 1, 2025, when Congress failed to pass a continuing resolution funding the government and passing the health extenders. When Congress passed a funding bill six weeks later, the bill provided retroactive coverage for telehealth services furnished during the lapse.

What is the current status of the funding package and Medicare telehealth flexibilities extension?

While there has generally been bipartisan support for an extension of the Medicare telehealth flexibilities, lawmakers are racing to complete action on the funding package, along with the health extenders, before January 30, 2026, when all these provisions expire. The US House of Representatives passed the bill on January 22, 2026, and is in recess this week while the bill awaits passage by the US Senate. The funding package consolidates six separate funding bills and includes funding for the US Department of Homeland Security (which includes US Immigration and Customs Enforcement). A critical number of lawmakers in the Senate have expressed intent to oppose the package until concerns are addressed through policy and/or administrative actions. Lawmakers continue to discuss potential paths forward to avoid a partial government shutdown.

We will continue to keep you updated as things progress. Consider engaging with professional groups or state medical societies to continue to advocate to extend or codify telehealth flexibilities. Coalitions such as the Partnership for Virtual Care have been leading the charge on advocacy in this regard.