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N., Desai, P

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The temporary authority under section 1834(m)(8) of the Act was extended by statute through the end of CY 2024, meaning under current law, and absent additional changes in regulation, RHCs and FQHCs could not be paid for non-behavioral health services furnished remotely to beneficiaries enrolled in fee-for-service Medicare after December 31, 2024

We are proposing an incremental approach whereby we will adopt without any time limitation the definition of direct supervision ( permitting virtual presence for services that are inherently lower risk: that is, services that do not ordinarily require the presence of the billing practitioner, do not require direction by the supervising practitioner to the same degree as other services furnished under direct supervision, and are not services typically performed directly by the supervising practitioner