[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1778 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1778

   To amend title XVIII of the Social Security Act to permit certain 
Medicare providers licensed in a State to provide telemedicine services 
        to certain Medicare beneficiaries in a different State.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2015

Ms. Hirono (for herself and Mrs. Ernst) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title XVIII of the Social Security Act to permit certain 
Medicare providers licensed in a State to provide telemedicine services 
        to certain Medicare beneficiaries in a different State.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TELEmedicine for MEDicare Act of 
2015'' or the ``TELE-MED Act of 2015''.

SEC. 2. PERMITTING CERTAIN MEDICARE PROVIDERS LICENSED IN A STATE TO 
              PROVIDE TELEMEDICINE SERVICES TO CERTAIN MEDICARE 
              BENEFICIARIES IN A DIFFERENT STATE.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended by adding at the end the following new section:

``SEC. 1899C. PERMITTING CERTAIN MEDICARE PROVIDERS LICENSED IN A STATE 
              TO PROVIDE TELEMEDICINE SERVICES TO CERTAIN MEDICARE 
              BENEFICIARIES IN A DIFFERENT STATE.

    ``(a) In General.--In the case of a Medicare participating 
physician or practitioner who is licensed or otherwise legally 
authorized to provide a health care service in a State, such physician 
or practitioner may provide such a service as a telemedicine service to 
a Medicare beneficiary who is in a different State, and any requirement 
that such physician or practitioner obtain a comparable license or 
other comparable legal authorization from such different State with 
respect to the provision of such health care service by such physician 
or practitioner to such beneficiary shall not apply.
    ``(b) Enforcement.--With respect to the provision of a service 
pursuant to this section, the licensing or authorizing State has 
jurisdiction to enforce the licensure or other legal authorization 
requirements of such primary State, including through disciplinary 
actions used by such State as of the day before the date of the 
enactment of this section.
    ``(c) Process To Establish Telemedicine Service Definition.--Not 
later than 12 months after the date of the enactment of this section, 
the Secretary shall issue guidance to the States for developing a 
definition of the term `telemedicine services' for purposes of applying 
this section. For purposes of issuing such guidance, the Secretary 
shall solicit input from relevant stakeholders, including patients, 
health care providers, State government officials, health technology 
developers, insurers, employers, licensing boards, community health 
organizations, and other Federal agencies.
    ``(d) Report.--Not later than 12 months after the date of the 
enactment of this section, the Secretary shall submit to Congress a 
report on the plans to develop and expand the use of current and 
emerging Internet and communications technologies to expand access of 
Medicare beneficiaries to health programs.
    ``(e) Definitions.--For purposes of this section:
            ``(1) Medicare beneficiary.--The term `Medicare 
        beneficiary' means an individual entitled to benefits under 
        part A or enrolled under part B.
            ``(2) Qualifying physician or practitioner.--The term 
        `Medicare participating physician or practitioner' means the 
        following:
                    ``(A) A physician (as defined in section 1861(r)) 
                who is a participating physician or supplier (as 
                defined in section 1842(h)(1)).
                    ``(B) A practitioner (as defined in section 
                1842(b)(18)(C)) who is a participating physician or 
                supplier (as defined in section 1842(h)(1)).
    ``(f) Construction Relating to Controlled Substances Act.--Nothing 
in this section may be construed to remove, limit, or otherwise affect 
any obligation of a covered health care professional under the 
Controlled Substances Act (21 U.S.C. 801 et seq.).
    ``(g) No Effect on State Malpractice Laws or Jurisdiction To Hear 
Civil Claims.--Nothing in this section may be construed to--
            ``(1) replace or supersede any State law regarding 
        negligence or medical malpractice; or
            ``(2) divest any court of its jurisdiction to hear civil 
        claims arising from a physician's provision of telemedicine 
        services.''.
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