House Energy and Commerce Committee Markup Session Included Two Bills Important to Access to Care

September 23, 2024-- Last week, the House Energy and Commerce Committee conducted a markup session that included two bills important for access to care: The Telehealth Modernization Act (HR 7623) and The Congressional Disapproval of CMS Staffing Standards (HJ Res 139). 

The Telehealth Modernization Act  (H.R. 7623), would extend pandemic-era telehealth flexibilities in Medicare for another two years, averting a year-end deadline which would end these flexibilities on 12/1/2024. This legislation, introduced in March would include Physical, Occupational and Speech Therapists as providers of telehealth. It would expand access to telehealth for Medicare beneficiaries and remove geographic originating site restrictions for an additional two years. Although the provisions are not permanently extended, the bill’s passage by a vote of 41-0 is still seen as a significant win for the industry. Next, the bill could be included in a larger spending package and go in front of the full House of Representatives, likely after Congress returns from the election in November.  

The Congressional Disapproval of CMS Staffing Standards (HJ Res 139) would block the Biden administration’s rule establishing a minimum staffing standard at nursing homes. Many members on the committee voiced their support, arguing that the CMS staffing mandates would harm nursing homes more than help them and that the CMS rule requires unrealistic staffing ratios. Specific concerns were raised including:

• This unfunded mandate would force 80% of nursing facilities to close due to non-compliance
• The resolution would exacerbate staffing shortages 
  

HJ Res 139 passed out of committee on a party-line vote of 21-18, without amendments.

Powerback Rehab supports an extension of the current telehealth authority, as well as HJ Res 139 among other legislation that protects access to services for seniors.