[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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