Lexology November 4, 2025
On October 31, 2025, the Centers for Medicare & Medicaid Services (“CMS”) issued the Calendar Year 2026 Medicare Physician Fee Schedule (“PFS”) Final Rule, permanently adopting a revised definition of “direct supervision ” that allows supervising physicians or non-physician practitioners (“NPPs”) to meet the presence and “immediate availability” requirement via real-time, two-way audio and video telecommunications technology. This policy, which takes effect January 1, 2026, makes permanent a COVID-19-era flexibility for virtual direct supervision and resolves the transition extensions that CMS had adopted through December 31, 2025.
As previewed in the proposed rule from earlier this year—and as we discussed in our prior blog post—CMS has finalized this policy change without revision. Under the final rule, diagnostic tests subject to...
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