Public Health Emergency to End on May 11, 2023

The Public Health Emergency set in place during the COVID-19 pandemic will end effective May 11, 2023, according to the Biden Administration. The PHE allowed for regulatory and legislative actions resulting in flexibilities that changed access to telehealth for Medicare beneficiaries and how RDNs can provide telehealth services.

Medical nutrition therapy has been and will continue to be covered, as a telehealth service under Medicare, after the PHE ends. However, it is possible that some of the pandemic-related flexibilities may be phased out without additional advocacy. The recently passed Consolidated Appropriations Act of 2023 built upon 2022 provisions to extend Medicare telehealth flexibilities through December 31, 2024, and disassociated them from the PHE declaration.

MNT delivered via telehealth has been covered to varying degrees by commercial payers and state Medicaid programs. As states transition from their public health emergency declarations, it is imperative that RDNs monitor reimbursement policies such as payment parity, audio-only service delivery, eligible services, providers and originating sites since some flexibilities allowed during the pandemic may not be retained such as where and how services can be provided. Waivers and flexibilities put into place by states and commercial payers specifically tied to the PHE declarations may be impacted as they expire.

The Academy continues to advocate for the inclusion of RDNs as providers, the provision of nutrition services via telehealth, and for consumer protection and licensure laws that support inter-state practice.

Academy members are encouraged to join weekly affinity groups including the MNT Expansion Affinity Group and/or the Reimbursement and Payment Affinity Group to get involved in the Academy’s advocacy priorities and strategies, as well as share their experience.