It's a little dense, but looks like medicare advantage plans can resume offering telehealth benefits. Review from our legal department is pending.
Effective immediately, the Centers for Medicare & Medicaid Services (CMS) is exercising enforcement discretion regarding the prohibition on mid-year benefit changes (42 CFR § 422.254(a)(5)) by Medicare Advantage (MA) organizations for certain telehealth benefits.
In accordance with 42 CFR § 422.101(a) and with limited exceptions, MA organizations must cover all Original Medicare Part A and B benefits, including those telehealth services available under section 1834(m) of the Act, as basic benefits. To support continuity of care and minimize enrollee confusion following the expiration of certain telehealth legislative payment provisions (“extenders”) on October 1, 2025, CMS is now permitting MA organizations to continue offering expired Original Medicare telehealth benefits as additional telehealth benefits under 42 CFR § 422.135 through December 31, 2025, or until Congress acts to continue the Original Medicare telehealth waivers, whichever occurs first.
Under this policy, MA organizations may continue to offer the benefits that expired with the Medicare legislative telehealth payment provisions passed under the Full-Year Continuing Appropriations and Extensions Act, 2025, as additional telehealth benefits under 42 CFR § 422.135, so long as they are provided uniformly to all similarly situated enrollees. Of note, per 42 CFR § 422.135(d), additional telehealth benefits may only be furnished through contracted providers.