COVID-19: Here’s What CMS Will Do With the Temporary Telehealth Codes When the PHE Ends
The Centers for Medicare & Medicaid Services (CMS) recently issued its proposed 2021 Physician Fee Schedule rule, enumerating the services CMS proposes to add (and remove) from the list of telehealth services covered under Medicare. This year’s list is unusually robust because CMS took into consideration all the telehealth services Medicare currently covers on a temporary basis due to the COVID-19 Public Health Emergency (PHE).
CMS grouped the telehealth services into three lists: 1) nine (9) codes that will become permanent; 2) seventy-four (74) codes that will be removed when the PHE expires; and 3) thirteen (13) codes to add to the list, but only on a temporary basis (CMS dubbed these Category 3 codes). Concurrent with the CMS proposed rule, the White House issued an Executive Order designed to enhance access to telehealth services under Medicare by charging CMS to create even more virtual care coverage opportunities.
This article discusses the new Medicare telehealth service code proposals specifically related to the Public Health Emergency. For a companion piece discussing CMS’ proposed 2021 changes for Medicare telehealth and virtual care generally, click here.
Telehealth services that will become permanent
CMS proposed adding nine codes to the list of telehealth services covered under Medicare, to remain covered even after the PHE ends. The codes are set forth in the table below.
| Service Type | HCPCS/CPT Codes |
| Group Psychotherapy | 90853 |
| Domiciliary, Rest Home, or Custodial Care services, Established patients | 99334-99335 |
| Home Visits, Established Patient | 99347- 99348 |
| Cognitive Assessment and Care Planning Services | 99483 |
| Visit Complexity Inherent to Certain Office/Outpatient E/Ms | GPC1X |
| Prolonged Services | 99XXX |
| Psychological and Neuropsychological Testing | 96121 |
Keep in mind, these codes are already Medicare-covered telehealth services, albeit on a temporary basis under the PHE waiver rules. Subject to CMS’ final rule, these services are expected to be added, on a permanent basis, effective January 1, 2021.
Telehealth services that will be removed when the PHE expires
CMS proposed removing seventy-four (74) codes when the PHE expires. Although CMS temporarily allows the services addressed by these codes to be delivered via telehealth, CMS found no likelihood of clinical benefit after the PHE ends. Even with the development of additional clinical evidence, CMS believes these services are unlikely to satisfy Category 2 criteria to justify including on a permanent basis.;
| Service Type | HCPCS/CPT Codes |
| Initial nursing facility visits, all levels (Low, Moderate, and High Complexity) | 99304-99306 |
| Psychological and Neuropsychological Testing | 96136-96139 |
| Therapy Services, Physical and Occupational Therapy, all levels | 97161-97168, 97110, 97112, 97116, 97535, 97750, 97755, 97760, 97761, 92521- 92524, 92507 |
| Initial hospital care and hospital discharge day management | 99221-99223, 99238- 99239 |
| Inpatient Neonatal and Pediatric Critical Care, Initial and Subsequent | 99468- 99472, 99475- 99476 |
| Initial and Continuing Neonatal Intensive Care Services | 99477-99480 |
| Critical Care Services | 99291-99292 |
| End-Stage Renal Disease Monthly Capitation Payment codes | 90952-90953, 90956, 90959, 90962 |
| Radiation Treatment Management Services | 77427 |
| Emergency Department Visits, Levels 4-5 | 99284-99285 |
| Domiciliary, Rest Home, or Custodial Care services, New | 99324-99328 |
| Home Visits, New Patient, all levels | 99341- 99345 |
| Initial and Subsequent Observation and Observation Discharge Day Management | 99217-99220, 99224- 99226, 99234-99236 |
New telehealth services during the Public Health Emergency (Category 3 codes)
CMS created a new category of codes designed for adding new Medicare-covered telehealth services, but on a temporary basis. Codes added this way would remain covered through the end of the year in which the PHE expires. For example, if the PHE expires in March 2021, these codes will remain Medicare-covered telehealth services until December 31, 2021. The reason for this unique approach is because CMS believes these codes have promise to be added on a permanent basis, but require additional data, real-world use experience, and feedback from stakeholders before CMS can make a final determination. CMS will not remove these codes concurrent with the PHE expiration because it wants to give the public an extra opportunity to gather data and submit requests to CMS, asking CMS to add some of these codes to the Medicare telehealth services list on a permanent basis.
The Category 3 codes demonstrate CMS’ openness to innovation and experimentation as it continues to expand coverage of virtual care services in the Medicare program. In short, Category 3 services are those likely to provide clinical benefit when furnished via telehealth, but for which there is not yet sufficient clinical evidence to evaluate making them permanent under existing Category 1 or Category 2 criteria. For a Category 3 service to become permanent, stakeholders will need to submit to CMS: 1) a description of relevant clinical studies that demonstrate the service, when furnished via telehealth, improves the diagnosis or treatment of an illness or injury, or improves the functioning of a malformed body part (including dates and findings of those studies); and 2) a list and copies of published peer reviewed articles relevant to the service when furnished via telehealth.
CMS proposed adding the thirteen (13) codes set forth below to the Category 3 list:
| Service Type | HCPCS/CPT Codes |
| Domiciliary, Rest Home, or Custodial Care services, Established patients | 99336-99337 |
| Home Visits, Established Patient | 99349-99350 |
| Emergency Department Visits, Levels 1-3 | 99281-99283 |
| Nursing facilities discharge day management | 99315-99316 |
| Psychological and Neuropsychological Testing | 96130- 96133 |
These codes are currently listed as Medicare-covered telehealth services for the duration of thePHE, but would be included on a more extended temporary basis, starting January 1, 2021. CMS is accepting public comment regarding whether any additional codes should be added to the Category 3 list.
How to submit comments to CMS
Providers, technology companies, entrepreneurs, and advocates interested in telemedicine and digital health should consider submitting comments to the proposed rule anonymously or otherwise via electronic submission at this link. Alternatively, commenters may submit comments by mail to:
- Regular Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, P.O. Box 8016, Baltimore, MD 21244-8016.
- Express Overnight Mail: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1734-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850 (for express overnight mail).
If submitting via mail, please be sure to allow time for comments to be received before the closing date. CMS is soliciting comments on the proposed rule until 5:00 p.m. on October 5, 2020.
Conclusion
The proposed changes for 2021 demonstrate CMS’ commitment to expanding meaningful patient access to care via telemedicine and digital health technology, both during the PHE and beyond. CMS is developing a post-pandemic strategic plan for telehealth, and industry advocates, entrepreneurs, and healthcare providers can use this moment to share their recommendations, ideas, and suggestions during the public comment period. This feedback—both policy ideas and by submitting clinical studies and concrete data—will be vital to CMS’ continued ability to improve and innovate under the Medicare program.
For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team.
