2023 Consolidated Appropriations Act Extends Select Telehealth Flexibilities - McDermott+Consulting

2023 Consolidated Appropriations Act Extends Select Telehealth Flexibilities

The Consolidated Appropriations Act, 2023 (2023 CAA) (Public Law 117-328), signed into law on December 29, 2022, funds US government operations for fiscal year 2023 and provides roughly $1.7 trillion in overall spending. The 2023 CAA extends certain key telehealth flexibilities instituted during the public health emergency (PHE) through December 31, 2024, effectively untying these flexibilities from the continued existence of the PHE. The Consolidated Appropriations Act, 2022 (2022 CAA) (Public Law 117-103), enacted in March 2022, had previously extended many of these policies for 151 days (approximately five months) after the end of the PHE. While the 2023 CAA decouples the extension of many telehealth flexibilities from the PHE and provides extended coverage through December 31, 2024, other telehealth policies remain tied to the PHE and will expire if additional legislative or regulatory action is not taken. The Administration announced on January 30, 2023, its intent to end the PHE on May 11, 2023.

The charts below outline key 2023 CAA telehealth provisions within their broader policy context and highlight certain telehealth policies that require further action to be extended beyond the PHE or made permanent. For a detailed list of PHE-related telehealth flexibilities, see our previous analysis here. For a more detailed analysis of additional health-related provisions in the 2023 CAA, see our analysis here.