The use of telehealth (sometimes called telemedicine or virtual care) has expanded dramatically over the past few years. Telehealth generally involves connecting with a physician or medical provider by phone, internet, or a combination thereof for primary care, mental health, second opinions, or other medical reasons. It has become a faster and more convenient way to receive medical care.

During the COVID-19 pandemic, many flexibilities for telehealth were permitted. Many of those flexibilities ended when the COVID-19 pandemic was declared over earlier this year. Congress is now considering a bill called the Telehealth Benefit Expansion for Workers Act of 2023 which would preserve many of those flexibilities.

If passed, stand-alone telehealth programs would be exempt from certain requirements that generally apply to private health insurance plans under the Affordable Care Act (ACA). In particular, telehealth programs would not have to cover ACA-required preventive care services with no cost sharing to members nor would telehealth programs have to cover essential health benefits without any annual or lifetime dollar limits.

Since the COVID-19 pandemic has ended, employers can generally only offer stand-alone telehealth programs to employees who are also covered by a group major medical plan that complies with the ACA. The Telehealth Benefit Expansion for Workers Act of 2023 would eliminate this requirement. Employers would be able to offer telehealth programs to all employees, including those not covered or not eligible for the employer’s group major medical plan.

This bill is currently being considered by the U.S. House of Representatives. If passed, it would then have to clear the U.S. Senate before going to the president to sign into law.