[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7663 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7663

To amend title XI of the Social Security Act to authorize the Secretary 
of Health and Human Services to waive or modify application of Medicare 
 requirements with respect to telehealth services during any emergency 
                    period, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2020

  Mr. Thompson of California (for himself, Ms. Matsui, Mr. Johnson of 
  Ohio, Mr. Schweikert, and Mr. Welch) 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 amend title XI of the Social Security Act to authorize the Secretary 
of Health and Human Services to waive or modify application of Medicare 
 requirements with respect to telehealth services during any emergency 
                    period, 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 ``Protecting Access to Post-COVID-19 
Telehealth Act of 2020''.

SEC. 2. AUTHORIZATION FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES TO 
              WAIVE OR MODIFY APPLICATION OF MEDICARE REQUIREMENTS WITH 
              RESPECT TO TELEHEALTH SERVICES.

    (a) Secretarial Authority to Temporarily Waive or Modify Medicare 
Requirements With Respect to Telehealth Services Furnished During Any 
Emergency Period.--Section 1135 of the Social Security Act (42 U.S.C. 
1320b-5) is amended by adding at the end the following new subsection:
    ``(h) Waiver or Modification of Certain Requirements With Respect 
to Telehealth Services.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, during the period described paragraph (2), the 
        Secretary may waive or modify any requirement with respect to a 
        telehealth service payable under section 1834(m)(1) for such 
        period.
            ``(2) Period described.--For purposes of paragraph (1), the 
        period described in this paragraph is the period--
                    ``(A) beginning on the first day of--
                            ``(i) an emergency or disaster declared by 
                        the President pursuant to the National 
                        Emergencies Act or the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act; 
                        or
                            ``(ii) a public health emergency declared 
                        by the Secretary pursuant to section 319 of the 
                        Public Health Service Act; and
                    ``(B) ending on the day that is 90 days after the 
                last day of an emergency, disaster, or public health 
                emergency described in subparagraph (A).''.
    (b) Report.--
            (1) In general.--Not later than 180 days after the last day 
        of the 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, acting through the Administrator of 
        the Centers for Medicare & Medicaid Services, shall submit to 
        Congress a report, with respect to telehealth services (as 
        defined in subparagraph (F) of such section 1834(m)(4) (42 
        U.S.C. 1395m(m)(4)) to which a waiver or modification is 
        applied pursuant to section 1135 of such Act (42 U.S.C. 1320b-
        5), on--
                    (A) the number of eligible telehealth individuals 
                (as defined in subparagraph (A) of section 1834(m)(4) 
                of such Act (42 U.S.C. 1395m(m)(4)) during the period 
                described in paragraph (2) and how frequently such 
                individuals received telehealth services during such 
                period (including the number of eligible telehealth 
                individuals identified by racial and ethnic 
                populations);
                    (B) the number of physicians or practitioners that 
                furnished a telehealth service during the period 
                described in paragraph (2) and how frequently 
                physicians or practitioners furnished such a service 
                during such period;
                    (C) the amount payable under title XVIII of such 
                Act for telehealth services furnished during the period 
                described in paragraph (2);
                    (D) an assessment of benefits to eligible 
                telehealth individuals who received telehealth services 
                during the period described in paragraph (2); and
                    (E) the most common barriers to eligible telehealth 
                individuals receiving and physicians or practitioners 
                furnishing telehealth services during the period 
                described in paragraph (2).
            (2) Period described.--For purposes of paragraph (1), the 
        period described in this paragraph is the period--
                    (A) beginning on the first day of the emergency 
                period described in section 1135(g)(1)(B) of such Act 
                (42 U.S.C. 1320b-5(g)(1)(B); and
                    (B) ending on the day that is 90 days after the 
                last day such emergency period.

SEC. 3. RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS.

    (a) Expansion of Distant Sites.--Section 1834(m) of the Social 
Security Act (42 U.S.C. 1395m(m)) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``or a practitioner (described in 
                section 1842(b)(18)(C))'' and inserting ``, a 
                practitioner (described in section 1842(b)(18)(C)), a 
                federally qualified health center, or a rural health 
                clinic''; and
                    (B) by striking ``or practitioner'' and inserting 
                ``, practitioner, federally qualified health center, or 
                rural health clinic'';
            (2) in paragraph (2)(A)--
                    (A) by inserting ``or to a federally qualified 
                health center or rural health clinic that serves as a 
                distant site'' after ``a distant site''; and
                    (B) by striking ``such physician or practitioner'' 
                and inserting ``such physician, practitioner, federally 
                qualified health center, or rural health clinic''; and
            (3) in paragraph (4)--
                    (A) in subparagraph (A), by inserting ``and 
                includes a federally qualified health center or rural 
                health clinic that furnishes a telehealth service to an 
                eligible individual'' before the period at the end; and
                    (B) in subparagraph (F), by adding at the end the 
                following new clause:
                            ``(iii) Inclusion of rural health clinic 
                        services and federally qualified health center 
                        services furnished using telehealth.--For 
                        purposes of this subparagraph, the term 
                        `telehealth services' includes a rural health 
                        clinic service or federally qualified health 
                        center service that is furnished using 
                        telehealth to the extent that payment codes 
                        corresponding to services identified by the 
                        Secretary under clause (i) or (ii) are listed 
                        on the corresponding claim for such rural 
                        health clinic service or Federally qualified 
                        health center service.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2021.

SEC. 4. ELIMINATION OF RESTRICTIONS RELATING TO TELEHEALTH SERVICES.

    (a) Elimination of Geographic Restrictions of Originating Sites.--
Section 1834(m)(4)(C)(i) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(C)(i)) is amended--
            (1) by striking ``the service is furnished via a 
        telecommunications system and only if such site is located--'' 
        and inserting ``the service--'';
            (2) by redesignating subclauses (I) through (III) as items 
        (aa) through (cc), respectively, and moving the margins two ems 
        to the right; and
            (3) by inserting before item (aa), as redesignated by 
        paragraph (2), the following new subclauses:
                                    ``(I) is furnished via a 
                                telecommunications system; and
                                    ``(II) for the period beginning on 
                                the date of the enactment of this 
                                subclause and ending on December 31, 
                                2020, only if such site is located--''.
    (b) Elimination of Restrictions in Which Telehealth Services May Be 
Furnished in the Home.--Section 1834(m)(4)(C)(ii)(X) of the Social 
Security Act (42 U.S.C. 1395m(m)(4)(C)(i)(X) is amended to read as 
follows:.
                                    ``(X)(aa) For the period beginning 
                                on the date of the enactment of this 
                                subclause and ending on December 31, 
                                2020, the home of an individual but 
                                only for purposes of section 
                                1881(b)(3)(B) or telehealth services 
                                described in paragraph (7).
                                    ``(bb) For the period beginning on 
                                or after January 1, 2021, the home of 
                                an individual.''.
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