[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4216 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4216

     To direct the Secretary of Health and Human Services and the 
Comptroller General of the United States to conduct studies and report 
 to Congress on actions taken to expand access to telehealth services 
under the Medicare, Medicaid, and Children's Health Insurance programs 
                     during the COVID-19 emergency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

Mrs. Fischer (for herself and Ms. Rosen) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To direct the Secretary of Health and Human Services and the 
Comptroller General of the United States to conduct studies and report 
 to Congress on actions taken to expand access to telehealth services 
under the Medicare, Medicaid, and Children's Health Insurance 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 ``Knowing the Efficiency and Efficacy 
of Permanent Telehealth Options Act of 2020'' or the ``KEEP Telehealth 
Options Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 21, 2020, the United States confirmed the 
        Nation's first case of the 2019 novel coronavirus (which 
        presents as the disease COVID-19).
            (2) On January 31, 2020, the Secretary of Health and Human 
        Services (in this Act referred to as the ``Secretary'') 
        declared a public health emergency in response to COVID-19.
            (3) By March, the disease reached the pandemic level 
        according to the World Health Organization, and the President 
        proclaimed the COVID-19 outbreak in the United States to 
        constitute a national emergency.
            (4) This emergency declaration authorizes the Secretary 
        ``to temporarily waive or modify certain requirements of the 
        Medicare, Medicaid, and State Children's Health Insurance 
        programs and of the Health Insurance Portability and 
        Accountability Act Privacy Rule throughout the duration of the 
        public health emergency declared in response to the COVID-19 
        outbreak''.
            (5) Under this authority, the Secretary, and the 
        Administrator of the Centers for Medicare & Medicaid Services 
        (in this Act referred to as the ``Administrator'') acting under 
        the Secretary's authority, issued numerous rules, regulations, 
        and waivers enabling the expansion of telehealth services 
        during the public health emergency.
            (6) Telehealth services play a critical role in enhancing 
        access to care for patients while simultaneously reducing the 
        risk of exposure to the coronavirus for both patients and 
        providers.
            (7) The Administrator expanded access to telehealth 
        services under the public health emergency to all Medicare 
        beneficiaries (including clinician-provided services to new and 
        established patients).
            (8) On April 23, 2020, the Administrator released a 
        telehealth toolkit to assist States in expanding the use of 
        telehealth through Medicaid and CHIP.
            (9) Expanded telehealth options are valuable for all 
        Americans during this public health crisis, but especially for 
        high-risk patients and rural Americans who already have 
        difficulty accessing care.

SEC. 3. STUDIES AND REPORTS ON THE EXPANSION OF ACCESS TO TELEHEALTH 
              SERVICES DURING THE COVID-19 EMERGENCY.

    (a) HHS.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Administrator, shall conduct a study and submit to Congress 
        a report on actions taken by the Secretary during the emergency 
        period described in section 1135(g)(1)(B) of the Social 
        Security Act (42 U.S.C. 1320b-5(g)(1)(B)) to expand access to 
        telehealth services under the Medicare program, the Medicaid 
        program, and the Children's Health Insurance program. Such 
        report shall include the following:
                    (A) A comprehensive list of telehealth services 
                available under such programs and an explanation of all 
                actions undertaken by the Secretary during the 
                emergency period described in such paragraph to expand 
                access to such services.
                    (B) A comprehensive list of types of providers that 
                may be reimbursed for such services furnished under 
                such programs during such period, including a list of 
                services which may only be reimbursed under such 
                programs during such period if furnished by such 
                providers in-person.
                    (C) A quantitative analysis of the use of such 
                telehealth services under such programs during such 
                period, including data points on use by rural, 
                minority, low-income, and elderly populations.
                    (D) A quantitative analysis of the use of such 
                services under such programs during such period for 
                mental and behavioral health treatments.
                    (E) An analysis of the public health impacts of the 
                actions described in subparagraph (A).
            (2) Publication of report.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        publish on the public website of the Department of Health and 
        Human Services the report described in paragraph (1).
    (b) GAO.--
            (1) In general.--Not later than 210 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall conduct a study and submit to Congress a report 
        on--
                    (A) the efficiency, management, and success and 
                failures of the expansion of access to telehealth 
                services under the Medicare, Medicaid, and Children's 
                Health Insurance programs during the emergency period 
                described in subsection (a)(1); and
                    (B) any risk in increased fraudulent activity, and 
                types of fraudulent activity, associated with such 
                expansion.
            (2) Recommendations.--The report submitted under paragraph 
        (1) shall include recommendations on--
                    (A) potential improvements to telehealth services, 
                and expansions of such services, under the programs 
                described in paragraph (1)(A); and
                    (B) ways to address any fraudulent activity 
                described in paragraph (1)(B).
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