H.R. 9431: Fair Telehealth Billing Act of 2026

This bill would change how some telehealth medical bills are handled under federal law. In simple terms, it would stop a health care provider or facility from charging a separate facility fee for telehealth services when the medical professional providing the telehealth visit is already allowed to bill independently for the professional service.

What counts as a facility fee here

A facility fee is an extra charge sometimes added by a hospital or clinic to cover the use of its space, equipment, or overhead. Under this bill, that kind of separate fee could not be billed for telehealth visits in the situations covered by the bill.

What the bill would require

• It would add a new rule to ERISA, the federal law that governs many employer-sponsored health plans.
• The rule would say that a health care provider or facility may not bill a separate facility fee for telehealth if the provider delivering the telehealth service can bill independently for the professional service itself.
• It would also create an enforcement mechanism. If the Secretary of Labor finds a provider or facility violated the rule, a civil penalty of up to $10,000 per violation could be assessed.
• The Department of Labor would be responsible for implementing the changes through rulemaking.

When it would take effect

The new billing restriction would apply to telehealth services furnished on or after January 1, 2028.

Practical effect

The bill is aimed at preventing added charges on telehealth visits that are billed separately from the doctor or clinician’s professional fee. In practice, that could reduce the total cost of some remote medical appointments and limit billing practices by hospitals, clinics, or other facilities that might otherwise add a separate telehealth-related facility charge.

Relevant Companies

None found