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JotPsych Notes
JotPsych Notes

Medicare's in-person requirement for home video visits starts in 2028

Medicare keeps paying for home video visits. Patients who start them by December 31, 2027 need at least one in-person visit every 12 months.

You see Medicare patients by video at home. From January 1, 2028, each patient who starts home video visits needs an in-person visit in the 6 months before starting, then within 12 months of each video visit.

First day of Medicare's in-person requirement for mental health telehealth at home
Jan 1, 2028
the day Medicare starts requiring in-person visits for home mental health video visits

Section 6209 of H.R. 7148, the Consolidated Appropriations Act, 2026, set the date, and question 5 of the Telehealth FAQ from the Centers for Medicare and Medicaid Services, updated February 26, 2026, gives the rule. Each of your home video patients will need in-person visits, on a schedule set by the date the patient started home video visits.

Patients who start before 2028 count as established

Your patients who start home video visits by December 31, 2027 skip the in-person visit before the first video visit. Check when each patient started home video visits.

In-person visits Medicare requires for home mental health video visits, by the date the patient started them
per question 5 of the Telehealth FAQ, Centers for Medicare and Medicaid Services
Starts home video visits by December 31, 2027

Before the first video visit: no in-person visit

Then: at least one in-person visit every 12 months, from January 1, 2028

ESTABLISHED
Starts home video visits on or after January 1, 2028

Before the first video visit: one in-person visit in the prior 6 months

Then: one in-person visit within 12 months of each video visit

NEW TO HOME VIDEO

Question 5 of the Telehealth FAQ from the Centers for Medicare and Medicaid Services, updated February 26, 2026, sets both schedules. For a patient who starts home video visits in 2028 or later, book the in-person visit before the first video visit.

Who can do in-person visits

In your group, a colleague of the same specialty and subspecialty can do in-person visits when you aren't available, per 42 CFR 410.78.

Skipping the 12-month visit

For a given 12-month period, you and your patient can agree that an in-person visit's risks and burdens outweigh its benefits. Write the reason in your patient's record. Then no in-person visit is due for that period, per 42 CFR 410.78(b)(3)(xiv)(B).

Audio-only visits gain conditions in 2028

Your patients can have audio-only visits at home through 2027, per H.R. 7148. From January 1, 2028, Medicare covers audio-only visits at home under two conditions, per question 6 of Medicare's Telehealth FAQ. First, you can offer video. Second, your patient can't use video or doesn't consent to it.

Add modifier 93 to each audio-only claim to verify both conditions, per 42 CFR 410.78(a)(3).

The Consolidated Appropriations Act, 2021 permanently removed Medicare's location limits for behavioral health telehealth, per question 11 of the FAQ. Your patients can still see you from home.

What to do before 2028

  • Start home video visits by December 31, 2027 for each Medicare patient you plan to see by video. The patient then counts as established.
  • Book each established patient's in-person visit every 12 months.
  • Name a colleague of the same specialty and subspecialty in your group who can see your patients in person.

Set your appointment's Session to In-person and its Recurrence to Yearly, and JotPsych repeats the appointment every year.

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Sources:
  1. Centers for Medicare and Medicaid Services, “Telehealth FAQ”, updated February 26, 2026: questions 5, 6, and 11.
  2. H.R. 7148, the Consolidated Appropriations Act, 2026 (Public Law 119-75), signed February 3, 2026: section 6209.
  3. 42 CFR 410.78, telehealth services, Electronic Code of Federal Regulations: paragraphs (a)(3) and (b)(3)(xiv)(A) to (C); read October 3, 2026.