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Consolidated Appropriations Act, 2026 › Section 6209

Extension of Certain Telehealth Flexibilities

Section 6209 · Sec. 6209 ·

What this chapter is about

This part keeps a set of care-by-screen rules going. Most run to December 31, 2027. A rule about seeing a mental health provider in person is put off to January 1, 2028. New codes must be used on some claims.

7 proposals indexed from this chapter.

The document says “is amendedWho acts: CongressHow: statuteSec. 6209 in the PDF
What the document says

“in paragraph (2)(B)(iii), by striking ``ending January 30, 2026'' and inserting ``ending December 31, 2027''; and (2) in paragraph (4)(C)(iii), by striking ``ending on January 30, 2026'' and inserting ``ending on December 31, 2027''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsection (a) of section 6209 amends section 1834(m) of the Social Security Act in two paragraphs, replacing an end date of January 30, 2026 with December 31, 2027. The subsection heading names removing geographic requirements and expanding originating sites for telehealth services.

What the document actually says

“in paragraph (2)(B)(iii), by striking ``ending January 30, 2026'' and inserting ``ending December 31, 2027''; and (2) in paragraph (4)(C)(iii), by striking ``ending on January 30, 2026'' and inserting ``ending on December 31, 2027''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

In two spots, cross out an end date of January 30, 2026. Write in a new end date of December 31, 2027.

What this is about

Telehealth means care given over a screen or a phone. Some rules limited where the patient had to be. Those limits were lifted for a time.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “is amendedWho acts: CongressHow: statuteSec. 6209 in the PDF
What the document says

“Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 1395m(m)(4)(E)) is amended by striking ``ending on January 30, 2026'' and inserting ``ending on December 31, 2027''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsections (b), (c) and (e) of section 6209 make the same date change in three more places: the provision on which practitioners may furnish telehealth services, the provision covering federally qualified health centers and rural health clinics, and the provision allowing audio-only telehealth services.

What the document actually says

“Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 1395m(m)(4)(E)) is amended by striking ``ending on January 30, 2026'' and inserting ``ending on December 31, 2027''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

In one part of the law, cross out an end date of January 30, 2026. Write in a new end date of December 31, 2027.

What this is about

The same date change is made in three spots. One is about who may give the care. One is about health centers in country towns. One is about care by voice alone.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “is amendedWho acts: CongressHow: statuteSec. 6209 in the PDF
What the document says

“``on or after January 31, 2026'' and inserting ``on or after January 1, 2028''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsection (d) of section 6209 puts off the in-person requirement for mental health services furnished through telehealth. It makes the same change in section 1834(m)(7)(B)(i), and moves the date from January 31, 2026 to January 1, 2028 in section 1834(y)(2) for rural health clinics and section 1834(o)(4)(B) for federally qualified health centers.

What the document actually says

“``on or after January 31, 2026'' and inserting ``on or after January 1, 2028''.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

Cross out the words on or after January 31, 2026. Write in the words on or after January 1, 2028.

What this is about

One rule would make a patient see a mental health provider in person before or during care by screen. This holds that rule off for two more years.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shall notWho acts: CongressHow: statuteSec. 6209 in the PDF
What the document says

“this subclause shall not apply in the case of such an encounter with an individual occurring on or after January 31, 2026, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7)”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsection (f) of section 6209 extends to December 31, 2027 the use of telehealth for the face-to-face encounter before recertification for hospice care, and adds exceptions. The subclause does not apply, for an encounter on or after January 31, 2026, where the individual is in an area under a moratorium on hospice enrollment, where the provider is under enhanced oversight, or where the encounter is performed by a hospice physician or nurse practitioner not enrolled under section 1866(j) who is not an opt-out physician or practitioner.

What the document actually says

“this subclause shall not apply in the case of such an encounter with an individual occurring on or after January 31, 2026, if such individual is located in an area that is subject to a moratorium on the enrollment of hospice programs under this title pursuant to section 1866(j)(7)”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

This rule does not apply to a check on or after January 31, 2026. That holds if the person is in an area where no new hospice may sign up.

What this is about

A hospice must check in with a patient before care goes on. That check can be done by screen. Three cases are now carved out.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “requiresWho acts: Secretary of Health and Human ServicesHow: statuteSec. 6209 in the PDF
What the document says

“but only if, in the case of such an encounter occurring on or after January 1, 2027, any hospice claim includes 1 or more modifiers or codes (as specified by the Secretary) to indicate that such encounter was conducted via telehealth”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Paragraph (2) of subsection (f) further amends the same subclause so that, for an encounter on or after January 1, 2027, a hospice claim must include one or more modifiers or codes specified by the Secretary showing the encounter was conducted by telehealth.

What the document actually says

“but only if, in the case of such an encounter occurring on or after January 1, 2027, any hospice claim includes 1 or more modifiers or codes (as specified by the Secretary) to indicate that such encounter was conducted via telehealth”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

For a check that happens on or after January 1, 2027, the bill must carry a code. The code shows the check was done by screen.

What this is about

A modifier is a short code added to a bill. It marks what kind of care was given. It lets the payer count how often the screen was used.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Secretary of Health and Human ServicesHow: statuteSec. 6209 in the PDF
What the document says

“Not later than January 1, 2027, the Secretary shall establish requirements to include one or more codes or modifiers, as determined appropriate by the Secretary, in the case of--”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsection (g) of section 6209 adds a new paragraph (10) to section 1834(m) of the Social Security Act. By January 1, 2027 the Secretary must require codes or modifiers on claims for telehealth services furnished through a telehealth virtual platform, where the physician or practitioner contracts with the entity that owns the platform or has a payment arrangement with an entity for its use, and on claims for telehealth services furnished incident to a physician's or practitioner's professional service.

What the document actually says

“Not later than January 1, 2027, the Secretary shall establish requirements to include one or more codes or modifiers, as determined appropriate by the Secretary, in the case of--”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

By January 1, 2027 the health chief must set up a code rule. The rule covers the kinds of claim listed next.

What this is about

A virtual platform is a company that hosts care by screen. The codes show when a claim came through one. That makes the pattern visible.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “canWho acts: Secretary of Health and Human ServicesHow: statuteSec. 6209 in the PDF
What the document says

“Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209

Subsection (h) of section 6209 allows the Secretary of Health and Human Services to implement the amendments by program instruction or otherwise, notwithstanding any other provision of law.

What the document actually says

“Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.”

Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes, Sec. 6209
That sentence, in plain words

The health chief may put these changes in place through a program notice. Other law does not stand in the way.

What this is about

Writing a rule takes months of notice and comment. A program notice is faster. This part allows the faster path.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

The main things the section does: extend the geographic and originating site rules, the eligible practitioner rule, the health center and rural clinic rule, the audio-only rule, the in-person mental health delay, the hospice face-to-face encounter rule and its new exceptions, the new modifier requirements, and the implementation authority.

The strike-and-insert instructions one by one where the same date change is made in more than one place.

The section amends the Social Security Act, which is not indexed here, so what sections 1834, 1814, 1866 and 1802 of that Act otherwise provide is not recorded on this site.