The association sent a letter to Congress on Nov. 1 asking for updates to the current law, which considers telehealth or remote care services as a “group health plan” benefit under the Employee Retirement Income Security Act, according to a news release. This then triggers a series of mandates, and, if the mandates are not met, the employee is subject to per-day, per-violation penalties, according to the news release.
Telehealth or remote care services are not considered excepted benefits under ERISA, which prevents employers from offering these services to all employees as opposed to just full-time workers.
“As proven during the public health emergency, telehealth and remote care services offer access to high-quality care that provides an essential lifeline to U.S. workers,” association CEO Ann Mond Johnson said in the news release. “As a result, telehealth has emerged as a cost-effective solution to ensure working Americans have access to medical care, including behavioral and mental health services, regardless of their coverage status or eligibility.”
The group is asking Congress to consider rolling out targeted reforms to ERISA that would permanently let employers expand additional telehealth benefit options to workers without being exposed to penalties.
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