[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7078 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7078

 To study the effects of changes to telehealth under the Medicare and 
            Medicaid programs during the COVID-19 emergency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2020

Ms. Kelly of Illinois (for herself, Mr. Bishop of Georgia, Ms. Jackson 
Lee, Ms. Sewell of Alabama, Mr. Thompson of Mississippi, Ms. Fudge, Mr. 
     Butterfield, Mr. Payne, Ms. Lee of California, and Mr. Cohen) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To study the effects of changes to telehealth under the Medicare and 
            Medicaid programs during the COVID-19 emergency.

    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 ``Evaluating Disparities and Outcomes 
of Telehealth During the COVID-19 Emergency Act of 2020'' or the ``EDOT 
Act of 2020''.

SEC. 2. STUDY ON THE EFFECTS OF CHANGES TO TELEHEALTH UNDER THE 
              MEDICARE AND MEDICAID PROGRAMS DURING THE COVID-19 
              EMERGENCY.

    (a) In General.--Not later than 1 year after the end of the 
emergency period described in section 1135(g)(1)(B) of the Social 
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and 
Human Services (in this section referred to as the ``Secretary'') shall 
conduct a study and submit to the Committee on Energy and Commerce and 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate an interim report on any changes 
made to the provision or availability of telehealth services under part 
A or B of title XVIII of the Social Security Act (42 U.S.C. 1395 et 
seq.) during such period. Such report shall include the following:
            (1) A summary of utilization of all health care services 
        furnished under such part A or B during such period, including 
        the number of telehealth visits (broken down by the number of 
        such visits furnished via audio-visual technology, the number 
        of such visits furnished via audio-only technology, and the 
        number of such visits furnished by a Federally qualified health 
        center, rural health clinic, or community health center, 
        respectively, if practicable), in-person outpatient visits, 
        inpatient admissions, and emergency department visits.
            (2) A description of any changes in utilization patterns 
        for the care settings described in paragraph (1) over the 
        course of such period compared to such patterns prior to such 
        period.
            (3) An analysis of utilization of telehealth services under 
        such part A or B during such period, broken down by race and 
        ethnicity, geographic region, and income level (as measured 
        directly or indirectly, such as by patient's zip code 
        tabulation area median income as publicly reported by the 
        United States Census Bureau), and of any trends in such 
        utilization during such period, so broken down. Such analysis 
        may not include any personally identifiable information or 
        protected health information.
            (4) A description of expenditures and any savings under 
        such part A or B attributable to use of such telehealth 
        services during such period.
            (5) A description of any instances of fraud identified by 
        the Secretary, acting through the Office of the Inspector 
        General or other relevant agencies and departments, with 
        respect to such telehealth services furnished under such part A 
        or B during such period and a comparison of the number of such 
        instances with the number of instances of fraud so identified 
        with respect to in-person services so furnished during such 
        period.
            (6) A description of any privacy concerns with respect to 
        the furnishing of such telehealth services (such as 
        cybersecurity or ransomware concerns), including a description 
        of any actions taken by the Secretary, acting through the 
        Health Sector Cybersecurity Coordination Center or other 
        relevant agencies and departments, during such period to assist 
        health care providers secure telecommunications systems.
    (b) Input.--In conducting the study and submitting the report under 
subsection (a), the Secretary--
            (1) may--
                    (A) consult with relevant stakeholders (such as 
                patients, minority or tribal groups, medical 
                professionals, hospitals, State medical boards, State 
                nursing boards, the Federation of State Medical Boards, 
                National Council of State Boards of Nursing, medical 
                professional employers (such as hospitals, medical 
                groups, staffing companies), telehealth groups, health 
                professional liability providers, public and private 
                payers, and State leaders); and
                    (B) solicit public comments on such report before 
                the submission of such report; and
            (2) shall endeavor to include as many racially, ethnically, 
        geographically, and professionally diverse perspectives as 
        possible.
    (c) Final Report.--Not later than December 31, 2024, the Secretary 
shall--
            (1) update and finalize the interim report under subsection 
        (a); and
            (2) submit such updated and finalized report to the 
        committees specified in such subsection.
    (d) Grants for Medicaid Reports.--
            (1) In general.--Not later than 2 years after the end of 
        the emergency period described in section 1135(g)(1)(B) of the 
        Social Security Act (42 U.S.C.1320b-5(g)(1)(B)), the Secretary 
        shall award grants to States with a State plan (or waiver of 
        such plan) in effect under title XIX of the Social Security Act 
        (42 U.S.C. 1396r) that submit an application under this 
        subsection for purposes of enabling such States to study and 
        submit reports to the Secretary on any changes made to the 
        provision or availability of telehealth services under such 
        plans (or such waivers) during such period.
            (2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), a State shall--
                    (A) provide benefits for telehealth services under 
                the State plan (or waiver of such plan) in effect under 
                title XIX of the Social Security Act (42 U.S.C. 1396r);
                    (B) be able to differentiate telehealth from in-
                person visits within claims data submitted under such 
                plan (or such waiver) during such period; and
                    (C) submit to the Secretary an application at such 
                time, in such manner, and containing such information 
                (including the amount of the grant requested) as the 
                Secretary may require.
            (3) Use of funds.--An State shall use amounts received 
        under a grant under this subsection to conduct a study and 
        report findings regarding the effects of changes to telehealth 
        services offered under the State plan (or waiver of such plan) 
        of such State under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) during such period in accordance with 
        paragraph (4).
            (4) Reports.--
                    (A) Interim report.--Not later 1 year after the 
                date a State receives a grant under this subsection, 
                the State shall submit to the Secretary an interim 
                report that--
                            (i) details any changes made to the 
                        provision or availability of telehealth 
                        benefits (such as eligibility, coverage, or 
                        payment changes) under the State plan (or 
                        waiver of such plan) of the State under title 
                        XIX of the Social Security Act (42 U.S.C. 1396 
                        et seq.) during the emergency period described 
                        in paragraph (1); and
                            (ii) contains--
                                    (I) a summary and description of 
                                the type described in paragraphs (1) 
                                and (2), respectively, of subsection 
                                (a); and
                                    (II) to the extent practicable, an 
                                analysis of the type described in 
                                paragraph (3) of subsection (a),
                        except that any reference in such subsection to 
                        ``such part A or B'' shall, for purposes of 
                        subclauses (I) and (II), be treated as a 
                        reference to such State plan (or waiver).
                    (B) Final report.--Not later than 3 years after the 
                date a State receives a grant under this subsection, 
                the State shall update and finalize the interim report 
                and submit such final report to the Secretary.
                    (C) Report by secretary.--Not later than the 
                earlier of the date that is 1 year after the submission 
                of all final reports under subparagraph (B) and 
                December 31, 2028, the Secretary shall submit to 
                Congress a report on the grant program, including a 
                summary of the reports received from States under this 
                paragraph.
            (5) Modification authority.--The Secretary may modify any 
        deadline described in paragraph (4) or any information required 
        to be included in a report made under this subsection to 
        provide flexibility for States to modify the scope of the study 
        and timeline for such reports.
            (6) Technical assistance.--The Secretary shall provide such 
        technical assistance as may be necessary to a State receiving a 
        grant under this subsection in order to assist such state in 
        conducting studies and submitting reports under this 
        subsection.
            (7) State.--For purposes of this subsection, the term 
        ``State'' means each of the several States, the District of 
        Columbia, and each territory of the United States.
    (e) Authorization of Appropriations.--
            (1) Medicare.--For the purpose of carrying out subsections 
        (a) through (c), there are authorized to be appropriated such 
        sums as may be necessary for each of the fiscal years 2020 
        through 2024.
            (2) Medicaid.--For the purpose of carrying out subsection 
        (d), there are authorized to be appropriated such sums as may 
        be necessary for each of the fiscal years 2022 through 2028.
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