Fair Telehealth Billing Act of 2026

Key Points

• This bill bans hospitals and clinics from adding separate facility fees to telehealth visits when the provider can already bill on their own for the services they delivered. This means patients would only pay for the actual medical care, not for a building they never visited.
• The bill amends the Employee Retirement Income Security Act (ERISA), which governs employer-sponsored health plans. This means the ban on facility fees applies specifically to people covered through their jobs, not those on Medicare or Medicaid.
• If a hospital or provider breaks this rule, the Secretary of Labor can fine them up to $10,000 for each violation. This enforcement mechanism gives the law real teeth.
• The new billing rules would not kick in until January 1, 2028, giving health care providers and the government time to prepare. The Secretary of Labor is directed to create the detailed rules through a rulemaking process.