[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5763 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5763

    To amend the Public Health Service Act to advance telehealth by 
 developing a plan for adoption and coordination by Federal agencies, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2020

  Mr. Gianforte (for himself and Ms. Eshoo) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Public Health Service Act to advance telehealth by 
 developing a plan for adoption and coordination by Federal agencies, 
                        and for other purposes.

    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 ``National Telehealth Strategy and 
Data Advancement Act''.

SEC. 2. RECOMMENDATIONS ON FRAMEWORK TO ADVANCE TELEHEALTH.

    (a) In General.--Section 330I of the Public Health Service Act (42 
U.S.C. 254c-14) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) to read as follows:
            ``(1) Director.--The term `Director' means the Director of 
        the Office for the Advancement of Telehealth as established 
        under subsection (c).''; and
                    (B) in paragraph (7), by inserting ``Such term 
                includes connected care.'' after ``health.'';
            (2) in subsection (b), by striking ``under section 301'' 
        and inserting ``under subsection (d)'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Health Resources and 
                        Services Administration'' and inserting 
                        ``Office of the Secretary''; and
                            (ii) by inserting ``(referred to in this 
                        section as the `Office')'' after 
                        ``Telehealth''; and
                    (B) in paragraph (2), by striking ``under section 
                301'' and inserting ``under subsection (d)'';
            (4) in subsection (h), by striking ``, in a publication of 
        the Health Resources and Services Administration,'' and 
        inserting ``on a publicly accessible website of the Department 
        of Health and Human Services, a''; and
            (5) by striking subsection (s) and inserting the following:
    ``(s) Plan and Recommendations To Advance Telehealth.--
            ``(1) In general.--The Secretary shall--
                    ``(A) not later than one year after the date of the 
                enactment of this Act develop a plan for the adoption, 
                advancement, and coordination of telehealth by Federal 
                agencies;
                    ``(B) update every two years the plan developed 
                under subparagraph (A) and make recommendations to 
                improve access to telehealth, coordination of 
                telehealth by Federal agencies, and health outcomes 
                with respect to the use of telehealth as a means to 
                deliver health care services as the Secretary 
                determines to be appropriate;
                    ``(C) standardize Federal telehealth grant 
                processes and data reporting to build a comprehensive 
                evidence base in order to enable high-quality and 
                effective use of telehealth to deliver health care 
                services;
                    ``(D) provide assistance to regional and national 
                entities to enable greater use of telehealth in health 
                care delivery by individuals, health care providers, 
                cities, and States;
                    ``(E) provide Federal governance and oversight of 
                Federal expenditures on telehealth and broadband that 
                facilitate the delivery of telehealth services; and
                    ``(F) ensure information sharing, cross-Federal 
                collaboration, and accountability across all Federal 
                agencies.
            ``(2) Recommendations.--The plan under paragraph (1)(A) 
        shall include recommendations to address each of the following:
                    ``(A) Achieving a standardized application system 
                for Federal telehealth grants across the Department of 
                Health and Human Services, the Department of 
                Agriculture, the Department of Defense, and other 
                agencies as the Secretary determines to be appropriate.
                    ``(B) Establishing a publicly available database of 
                all telehealth grants across Federal agencies.
                    ``(C) Establishing a standardized set of outcome 
                measures with a focus on cost and quality of care 
                delivered via telehealth.
                    ``(D) Requiring recipients of Federal telehealth 
                grants to report standardized outcomes measures.
                    ``(E) Standardizing data collection and reporting 
                across recipients of Federal telehealth grants.
                    ``(F) Developing a public repository for data 
                reported for research purposes through the standardized 
                set of outcome measures under subparagraph (C) by 
                recipients of Federal telehealth grants.
                    ``(G) Protecting information disclosed in 
                subparagraph (F) by applying the provisions of the 
                HIPAA privacy regulation (as defined in section 
                1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-
                9)) to the entity receiving and disclosing such 
                information in the same manner as such provisions would 
                apply to such information if received or disclosed by a 
                covered entity (as such term is defined for purposes of 
                such regulation).
                    ``(H) Incentivizing research on reported data to 
                build a strong base of evidence on the impacts of 
                telehealth on cost and quality of care.
                    ``(I) Additional priority target areas as 
                determined appropriate by the Secretary.
            ``(3) Consultation.--In developing recommendations under 
        subparagraphs (A) through (E) of paragraph (2), the Secretary 
        shall consult with the following individuals or their 
        designees:
                    ``(A) The heads of each agency, division, element, 
                or organization under the Department of Health and 
                Human Services.
                    ``(B) The Secretary of Veterans Affairs.
                    ``(C) The Secretary of Defense.
                    ``(D) The Director of the Office of Management and 
                Budget.
                    ``(E) The Comptroller General of the United States.
                    ``(F) The Chairman of the Federal Communications 
                Commission.
                    ``(G) The Chairman of the Federal Trade Commission.
                    ``(H) The Director of the National Institute of 
                Standards and Technology.
                    ``(I) The Director of the National Science 
                Foundation.
                    ``(J) The Administrator of the National Aeronautics 
                and Space Administration.
                    ``(K) The head of any other Federal agency that the 
                Secretary determines to be appropriate.
            ``(4) Public comment period.--Not later than 3 months after 
        developing the plan required under paragraph (1)(A), the 
        Secretary shall publish in the Federal Register a notice 
        providing for an opportunity for the public to comment on the 
        recommendations developed under subparagraphs (A) through (E) 
        of paragraph (2).
            ``(5) Reports.--
                    ``(A) In general.--The Secretary shall submit to 
                Congress a biennial report on Federal expenditures on 
                telehealth and the progress of agencies adopting and 
                effectively using telehealth.
                    ``(B) Elements of report.--Each report shall 
                include the following:
                            ``(i) An update on Federal investments in 
                        telehealth.
                            ``(ii) An assessment of the percentage of 
                        the costs of health care services delivered via 
                        telehealth that are paid using Federal funds.
                            ``(iii) An update on efforts to improve 
                        access to telehealth.
    ``(t) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for grants under subsection (d)(1), $30,000,000 for 
        each of fiscal years 2021 through 2025;
            ``(2) for grants under subsection (d)(2), $10,000,000 for 
        each of fiscal years 2021 through 2025; and
            ``(3) for the activities described in subsection (s), 
        $10,000,000 for each of fiscal years 2021 through 2025.''.
    (b) Conforming Amendment.--Section 330K(b)(1) of the Public Health 
Service Act (42 U.S.C. 254c-16(b)(1)) is amended by striking ``Health 
Resources and Services Administration'' and inserting ``Office of the 
Secretary''.
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