Congress bans double-billing for telehealth — but only for employer plans
H.R. 9431 — Fair Telehealth Billing Act of 2026 · Filed by Jahana Hayes (D-CT) · Introduced Jun 24, 2026 · Referred to committee
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What it does
This bill prohibits health care providers and facilities from charging a separate facility fee when a telehealth provider is already billing independently for the professional services. It adds enforcement authority to the Department of Labor, allowing penalties up to $10,000 per violation, and takes effect January 1, 2028.
Why we flagged it
The bill's operative mechanism is a straightforward prohibition on a specific billing practice (dual facility fees for telehealth) paired with enforcement authority. It is a consumer-facing cost-control measure, not a structural reform or industry subsidy.
What the text implies
- Applies only to ERISA-covered plans (employer-sponsored health insurance), leaving telehealth billing in non-ERISA markets (individual insurance, cash pay, Medicare, Medicaid) unaffected — creates a two-tier system where ERISA beneficiaries get protection but others do not.
- Delayed effective date (January 1, 2028) gives providers 18+ months to adjust billing systems and potentially shift costs to other line items or service categories before the rule takes effect.
The full analysis lists 3 implications of this text.
Who stands to gain
ERISA-covered health plan members (lower out-of-pocket costs); Employers sponsoring ERISA plans (lower premium costs if savings are passed through)