[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4289 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4289

   To require the Secretary of Health and Human Services to collect, 
  analyze, and report qualitative and quantitative data on the use of 
        telehealth during the COVID-19 public health emergency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2020

   Mr. Young (for himself, Mrs. Capito, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Health and Human Services to collect, 
  analyze, and report qualitative and quantitative data on the use of 
        telehealth during the COVID-19 public health 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 ``COVID-19 Emergency Telehealth Impact 
Reporting Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the outbreak and public health 
        response pertaining to Coronavirus Disease 2019 (COVID-19), 
        associated with the emergency declared by the Secretary on 
        January 31, 2020, under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d), and any renewals thereof and any 
        subsequent declarations by the Secretary related to COVID-19.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. DATA COLLECTION AND REPORTS ON THE USE OF TELEHEALTH DURING THE 
              COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Data Collection and Analysis.--
            (1) In general.--Beginning not later than 30 days after the 
        date of enactment of this Act, the Secretary shall collect and 
        analyze qualitative and quantitative data on the impact of 
        telehealth services, virtual check-ins, digital health, and 
        remote patient monitoring technologies on health care delivery 
        permitted by the waiver or modification of certain requirements 
        under titles XVIII of the Social Security Act (42 U.S.C. 1395 
        et seq.), and any regulations thereunder, pursuant to section 
        1135 of such Act (42 U.S.C. 1320b-5) during the COVID-19 public 
        health emergency, which may include the collection of data 
        regarding--
                    (A) health care utilization rates across the 
                Medicare program under title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.) for individuals 
                confirmed or suspected to have COVID-19 and individuals 
                seeking care unrelated to COVID-19, including--
                            (i) patient access to telehealth services 
                        in medically underserved communities; or
                            (ii) individuals receiving telehealth 
                        services through Federally qualified health 
                        centers (as defined in section 1861(aa)(4) of 
                        the Social Security Act (42 U.S.C. 
                        1395x(aa)(4)) or rural health clinics (as 
                        defined in section 1861(aa)(2) of such Act (42 
                        U.S.C. 1395x(aa)(2))) serving as originating 
                        sites or distant sites, and any challenges for 
                        providers furnishing telehealth services in 
                        these communities;
                    (B) health care quality for individuals confirmed 
                or suspected to have COVID-19 and individuals seeking 
                care unrelated to COVID-19 as measured by--
                            (i) quality of care metrics, such as 
                        hospital readmission rates, missed appointment 
                        rates, or wellness visits, and
                            (ii) engagement metrics, such as voluntary 
                        patient satisfaction surveys and voluntary 
                        provider satisfaction surveys;
                    (C) audio-only telehealth utilization rates when 
                other video-based telehealth was not an option or any 
                other telehealth services that were not provided in 
                real-time (including text-messaging or through online 
                chat platforms), the types of visits, and the types of 
                providers treating individuals;
                    (D) telehealth utilization rates used to treat 
                individuals across State lines;
                    (E) the health outcomes of any individual who 
                utilizes telehealth services to treat an underlying 
                health condition such as diabetes, end-stage renal 
                disease, chronic lung disease, obstructive pulmonary 
                disease, coronary artery disease, or cirrhosis and the 
                types of technology utilized to receive care, including 
                text-messaging, online chat platforms, audio-only, or 
                video conferencing;
                    (F) the health outcomes of any individual who 
                utilizes mental or behavioral health care and substance 
                use disorder treatment services, and the types of 
                technology utilized to receive care, including text-
                messaging, online chat platforms, audio-only, or video 
                conferencing;
                    (G) the impact of State and Federal privacy and 
                security protections on the delivery of care and 
                patient safety, including the security of the various 
                technologies utilized to deliver or receive telehealth 
                care;
                    (H) how telehealth access differs by race, 
                ethnicity, or income levels;
                    (I) the types of technologies utilized to deliver 
                or receive telehealth care, including Zoom, Skype, 
                FaceTime, text messaging, online chat platforms, or 
                other technologies, as observed by the Secretary, and 
                utilization rates, disaggregated by type of technology 
                (as applicable);
                    (J) the investments necessary for providers to 
                develop a platform to effectively provide telehealth 
                services to their patients, including the costs of the 
                necessary technology and the costs of training staff; 
                and
                    (K) any additional information determined 
                appropriate by the Secretary.
            (2) Broadband availability data.--Upon request by the 
        Secretary, the Assistant Secretary of Commerce for 
        Communications and Information and the Federal Communications 
        Commission shall provide the Secretary any relevant data 
        regarding the availability of broadband internet access service 
        (as defined in section 801 of the Communications Act of 1934 
        (47 U.S.C. 641)) for the purposes of completing the report 
        under paragraph (1).
    (b) Interim Report to Congress.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall submit to the 
Committees on Finance and Health, Education, Labor, and Pensions of the 
Senate and the Committees on Ways and Means and Energy and Commerce of 
the House of Representatives an interim report on the impact of 
telehealth based on the data collected and analyzed under subsection 
(a). For the purposes of the interim report, the Secretary may 
determine which data collected and analyzed under subsection (a) is 
most appropriate to complete such report.
    (c) Final Report to Congress.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall submit to the 
Committees on Finance and Health, Education, Labor, and Pensions of the 
Senate and the Committees on Ways and Means and Energy and Commerce of 
the House of Representatives a final report on the impact of telehealth 
based on the data collected and analyzed under subsection (a) that 
includes--
            (1) conclusions regarding the impact of telehealth services 
        on health care delivery during the COVID-19 public health 
        emergency; and
            (2) an estimation for total Medicare spending on telehealth 
        services, including total spending for each specific type of 
        service for which Medicare reimbursed.
    (d) Stakeholder Input.--
            (1) In general.--For purposes of subsections (a), (b), and 
        (c), the Secretary shall seek input from the Medicare Payment 
        Advisory Commission, the Medicaid and CHIP Payment and Access 
        Commission and nongovernmental stakeholders, including patient 
        organizations, providers, and experts in telehealth.
            (2) Comment period.--For the purposes of this subsection, 
        the Secretary shall establish a comment period not later than 
        14 days after the date of enactment of this Act.
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