This post was co-authored by Paul Palma, legal intern at Robinson+Cole. Paul is not admitted to practice law.
On February 3, 2026, President Trump signed HR 7148, the “Consolidated Appropriations Act, 2026” (the Act) ending the 4-day partial government shutdown. The Act, part of a broader fiscal year (FY) 2026 spending package, includes a further extension of Medicare telehealth flexibilities that recently expired on January 31, 2026. Originally introduced as temporary pandemic-era measures, these telehealth policies have been repeatedly sustained through short term legislative extensions. Here’s what the latest development means for the future of telehealth care.
Medicare Telehealth Flexibilities Extended by the Act
- Geographic and Originating Site flexibilities: Medicare beneficiaries may continue to receive telehealth services in any location through December 31, 2027.
- Expanded Practitioner Eligibility: Occupational therapists, physical therapists, speech-language pathologists, and audiologists may continue providing Medicare-covered services via telehealth through December 31, 2027.
- Telehealth for FQHCs and RHCs: Federally qualified health centers (FQHCs) and rural health clinics (RHCs) may continue providing telehealth services through December 31, 2027, including the provision of mental health visits via telehealth to Medicare beneficiaries without needing to meet annual in-person service requirements.
- Audio-Only Telehealth: Telehealth services can continue to be provided via audio-only communications systems through December 31,2027.
- In-Person Requirement for Mental Health Visits: Medicare patients receiving services for the diagnosis, evaluation, or treatment of a mental health disorder via telehealth may continue to do so without having received a Medicare-covered in person item or service through January 1, 2028.
- Telehealth for the Recertification of Hospice Care: Hospice physicians and nurse practitioners may continue having face-to-face encounters to recertify a patient’s eligibility to remain on hospice via telehealth through December 31,2027.
While this bill once again provides temporary relief for telehealth services, Congress is currently considering legislation that would make the current telehealth flexibilities permanent. Notably, H.R. 4206 and S. 1261, the house and senate versions of the CONNECT for Health Act of 2025, were introduced in early 2025. Although progress on those bills has been limited since their introduction, they continue to enjoy strong bipartisan back with H.R. 4206 obtaining 212 cosponsors and S. 1261 obtaining 71 co-sponsors. We will continue to monitor the progress of these and other telehealth related bills and provide updates as they arise.