[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3951 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3951

To amend the Public Health Service Act to provide for the establishment 
 of a virtual health pilot program to facilitate utilization of remote 
 patient monitoring technology to maintain or expand access to health 
   care services for individuals in rural areas during the COVID-19 
               emergency period, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2020

Ms. McSally (for herself and Mr. Jones) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to provide for the establishment 
 of a virtual health pilot program to facilitate utilization of remote 
 patient monitoring technology to maintain or expand access to health 
   care services for individuals in rural areas during the COVID-19 
               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 ``Increasing Rural Health Access 
During the COVID-19 Public Health Emergency Act of 2020''.

SEC. 2. INCREASING RURAL HEALTH ACCESS DURING THE COVID-19 PUBLIC 
              HEALTH EMERGENCY.

    (a) Definitions.--Subsection (a) of section 330I of the Public 
Health Service Act (42 U.S.C. 254c-14) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        paragraphs (2), (3), (4), (5), (6), (8), and (9), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following new paragraph:
            ``(1) COVID-19 emergency period.--The term `COVID-19 
        emergency period' means the period beginning on the date of 
        enactment of the Increasing Rural Health Access During the 
        COVID-19 Public Health Emergency Act of 2020 and ending on the 
        date on which the national emergency declared by the President 
        under the National Emergencies Act with respect to the COVID-19 
        outbreak in the United States expires.''; and
            (3) by inserting before paragraph (8), as redesignated, the 
        following:
            ``(7) Remote patient monitoring technology.--The term 
        `remote patient monitoring technology' means digital 
        technologies used to collect medical and other forms of health 
        data from individuals in one location and electronically 
        transmit such data securely to health care providers in a 
        different location for assessment, recommendations, and 
        interventions.''.
    (b) Programs.--Subsection (b) of section 330I of the Public Health 
Service Act (42 U.S.C. 254c-14) is amended--
            (1) by striking ``The Secretary shall establish, under 
        section 301'' and inserting the following:
            ``(1) In general.--The Secretary shall establish, under 
        section 301''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Virtual health pilot program.--The Secretary shall 
        establish a virtual health pilot program to facilitate 
        utilization of remote patient monitoring technology to maintain 
        or expand access to health care services for individuals in 
        rural areas during the COVID-19 emergency period.''.
    (c) Grants.--Subsection (d) of section 330I of the Public Health 
Service Act (42 U.S.C. 254c-14) is amended by adding at the end the 
following new paragraph:
            ``(3) Virtual health network pilot program grants.--The 
        Director shall, in carrying out the virtual health pilot 
        program referred to in subsection (b)(2), award grants to 
        eligible entities to facilitate utilization of remote patient 
        monitoring technology in rural areas to--
                    ``(A) maintain or expand access to, and coordinate 
                health care services for, individuals with chronic 
                conditions;
                    ``(B) improve and expand the training of health 
                care providers using remote patient monitoring 
                technology; and
                    ``(C) minimize challenges facing health care 
                providers and health care facilities, including rural 
                health clinics, community health centers, community 
                behavioral health centers, long-term care facilities, 
                and rural hospitals, as such providers and facilities 
                serve their communities especially during the COVID-19 
                emergency period.''.
    (d) Grant Periods.--Subsection (e) of section 330I of the Public 
Health Service Act (42 U.S.C. 254c-14) is amended--
            (1) by striking ``The Director may award grants under this 
        section'' and inserting the following:
            ``(1) Telehealth network and telehealth research center 
        grants.--The Director may award grants under paragraphs (1) and 
        (2) of subsection (d)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Virtual health network pilot program grants.--The 
        Director shall--
                    ``(A) not later than 30 days after the date of 
                enactment of Increasing Rural Health Access During the 
                COVID-19 Public Health Emergency Act of 2020, issue a 
                notice of the availability of funding through grants 
                under subsection (d)(3); and
                    ``(B) not later than 90 days after the date of 
                issuance of the notice required by subparagraph (A), 
                award all grants under subsection (d)(3).''.
    (e) Eligible Entities.--Subsection (f) of section 330I of the 
Public Health Service Act (42 U.S.C. 254c-14) is amended by adding at 
the end the following:
            ``(4) Virtual health network pilot program grants.--To be 
        eligible to receive a grant under subsection (d)(3), an entity 
        shall--
                    ``(A) meet the requirements of paragraphs (1), (2), 
                and (3) of this subsection that apply to an entity 
                seeking a grant under subsection (d)(1);
                    ``(B) be located in a rural area; and
                    ``(C) demonstrate that the entity will provide 
                services using remote patient monitoring technology 
                that is--
                            ``(i) cellular enabled;
                            ``(ii) approved, cleared, or authorized by 
                        the Food and Drug Administration; and
                            ``(iii) operable using cellular standards, 
                        including 2G and 3G, that offer broad network 
                        coverage in rural areas without broadband 
                        access, as determined by the Secretary.''.
    (f) Applications.--Subsection (g) of section 330I of the Public 
Health Service Act (42 U.S.C. 254c-14) is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        subparagraphs (A) through (H), respectively, and moving the 
        margin of each such redesignated subparagraph 2 ems to the 
        right;
            (2) by striking ``To be eligible to receive a grant under 
        subsection (d)'' and inserting the following:
            ``(1) Telehealth network and telehealth research center 
        grants.--To be eligible to receive a grant under paragraph (1) 
        or (2) of subsection (d)''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Virtual health network pilot program grants.--To be 
        eligible to receive a grant under subsection (d)(3), an 
        eligible entity shall prepare and submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require and include in such 
        application--
                    ``(A) a description of the project that the 
                eligible entity will carry out using the funds provided 
                under the grant;
                    ``(B) a description of the manner in which the 
                project funded under the grant will meet the health 
                care needs of rural or other populations to be served 
                through the project, or maintain or improve access to 
                services of, and the quality of the services received 
                by, those populations;
                    ``(C) information on the source and amount of non-
                Federal funds that the entity will provide for the 
                project; and
                    ``(D) evidence of intent to provide services using 
                remote patient monitoring technology as described in 
                subsection (f)(4)(C).''.
    (g) Preferences.--Subsection (h) of section 330I of the Public 
Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end 
the following new paragraph:
            ``(3) Virtual health network pilot program grants.--In 
        awarding grants under subsection (d)(3), the Secretary shall 
        give preference to any eligible entity that--
                    ``(A) is able to establish a virtual health program 
                using remote patient monitoring technology within 60 
                days of receipt of the award; and
                    ``(B) proposes to use Federal funds made available 
                through such a grant to establish and furnish services 
                using remote patient monitoring technology that 
                provides real time, continuous coaching services.''.
    (h) Use of Funds.--Subsection (j) of section 330I of the Public 
Health Service Act (42 U.S.C. 254c-14) is amended by adding at the end 
the following new paragraph:
            ``(3) Virtual health network pilot program grants.--The 
        recipient of a grant under subsection (d)(3) may use funds 
        received through such grant for salaries, equipment, and 
        operating or other costs for--
                    ``(A) developing and delivering services using 
                remote patient monitoring technology that enhance 
                access to community-based health care services in rural 
                areas;
                    ``(B) developing and acquiring, through lease or 
                purchase, computer hardware and software, audio and 
                video equipment, computer network equipment, 
                interactive equipment, data terminal equipment, and 
                other equipment that furthers the objectives of the 
                virtual health pilot program;
                    ``(C)(i) providing for transmission of medical 
                data, and maintenance of equipment; and
                    ``(ii) providing for compensation (including travel 
                expenses) of specialists, and referring health care 
                providers, who are providing virtual health services 
                through remote patient monitoring technology if no 
                third-party payment is available; and
                    ``(D) collecting and analyzing usage statistics and 
                data to document the cost-effectiveness of services 
                using remote patient monitoring technology; and
                    ``(E) carrying out such other activities as are 
                consistent with achieving the objectives of the virtual 
                health pilot program, as determined by the 
                Secretary.''.
    (i) Funding.--Subsection (q) of section 330I of the Public Health 
Service Act (42 U.S.C. 254c-14) is amended--
            (1) in the subsection heading, by striking ``Authorization 
        of Appropriations'' and inserting ``Funding'';
            (2) by striking ``There are authorized to be appropriated 
        to carry out this section'' and inserting the following:
            ``(1) Telehealth network and telehealth research center 
        grants.--To carry out this section with respect to grants under 
        paragraphs (1) and (2) of subsection (d), there is authorized 
        to be appropriated''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Virtual health network pilot program grants.--To 
        carry out this section with respect to the virtual health pilot 
        program under subsection (b)(2), including grants under 
        subsection (d)(3), there is authorized to be appropriated 
        $50,000,000, to remain available through the end of the COVID-
        19 emergency period.''.
    (j) Report.--Not later than two years after awarding all grants 
under subsection (d)(3) of section 330I of the Public Health Service 
Act, as added by this section, the Secretary of Health and Human 
Services shall prepare and submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report on the activities 
and outcomes of the pilot program under subsection (b)(2) of section 
330I of such Act, as added by this section.
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