2023 Spending Bill Includes Extension of Pre-Deductible Coverage for Telehealth Services

The $1.7 trillion spending bill for 2023 contains several different provisions of importance for employers. Among these provisions is the extension of a provision of the 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act concerning telehealth until December 31, 2024.

This provision allows health savings account (HSA)-qualifying high-deductible health plans (HDHPs) to cover telehealth and other remote-care services on a pre-deductible basis. Additionally, an individual otherwise eligible for an HSA can receive pre-deductible coverage for telehealth and other remote-care services from a stand-alone vendor outside of the HDHP. 

Whichever option the individual chooses under this provision will not affect their eligibility to make or receive HSA contributions. Individuals also will not be faced with out-of-pocket costs such as deductibles or co-pays up front, which may have deterred them from accessing telehealth services in the past. The overarching goal of this provision is to improve healthcare access and provide a greater range of convenient healthcare options. 

Likewise, the spending bill extends Medicare telehealth provisions for another two years. Among these provisions are delays to in-person screening requirements for Medicare telehealth mental health services and the provision of acute hospital-level care in individuals’ homes. 

Extending the telehealth provisions of the CARES Act does not mean permanence for those benefits. Although telehealth usage soared during the COVID-19 pandemic, with many organizations and providers expanding telehealth options, these provisions will expire in two years, absent additional action from Congress. 

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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