[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3447 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3447

To amend title XVIII of the Social Security Act to expand accessibility 
       to certain telehealth services under the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

 Mr. Smith of Missouri (for himself and Mr. Gottheimer) 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 XVIII of the Social Security Act to expand accessibility 
       to certain telehealth services under the Medicare program.

    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 ``Permanency for Audio-Only Telehealth 
Act''.

SEC. 2. EXPANDING ACCESSIBILITY TO CERTAIN TELEHEALTH SERVICES UNDER 
              THE MEDICARE PROGRAM.

    (a) Use of Audio-Only Telecommunications Systems for Certain 
Services.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. 
1395m(m)(4)) is amended by adding at the end the following new 
subparagraph:
                    ``(G) Telecommunications system.--
                            ``(i) In general.--The term 
                        `telecommunications system' includes, in the 
                        case of a qualified provider (as defined in 
                        clause (ii)) furnishing a specified telehealth 
                        service (as defined in such clause) to an 
                        individual, a communications system consisting 
                        only of audio capabilities, but only if such 
                        individual elects to use such system in lieu of 
                        a communications system providing both audio 
                        and visual capabilities.
                            ``(ii) Definitions.--For purposes of clause 
                        (i):
                                    ``(I) Qualified provider.--The term 
                                `qualified provider' means, with 
                                respect to a telehealth service 
                                furnished to an individual, a physician 
                                or practitioner who--
                                            ``(aa) furnished to such 
                                        individual an item or service 
                                        (other than such telehealth 
                                        service) in-person, or through 
                                        a communications system 
                                        consisting of both audio and 
                                        visual capabilities, during the 
                                        3-year period ending on the 
                                        date such telehealth service 
                                        was furnished; or
                                            ``(bb) is in the same 
                                        practice (as determined by tax 
                                        identification number) of a 
                                        physician or practitioner 
                                        described in item (aa).
                                    ``(II) Specified telehealth 
                                service.--The term `specified 
                                telehealth service' means a telehealth 
                                service consisting of--
                                            ``(aa) evaluation and 
                                        management services;
                                            ``(bb) mental and 
                                        behavioral health services;
                                            ``(cc) substance use 
                                        disorder services; or
                                            ``(dd) any other service 
                                        specified by the Secretary.
                                Such term does not include 
                                communication of lab results from a 
                                physician or practitioner to an 
                                individual via a telecommunications 
                                system unless such communication 
                                involves a diagnosis of such individual 
                                based on such results or the 
                                prescription, or modification of a 
                                prescription, of a drug based on such 
                                results.''.
    (b) Nonapplication of Originating Site Requirements With Respect to 
Telehealth Services Under Medicare Program.--Section 1834(m)(4)(C) of 
the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended--
            (1) in clause (i), by inserting before ``paragraphs (5), 
        (6), and (7)'' the following: ``clause (iii) and''; and
            (2) by adding at the end the following new clause:
                            ``(iii) Nonapplication of originating site 
                        requirements.--Beginning on the first day of 
                        the emergency period described in section 
                        1135(g)(1)(B), the term `originating site' 
                        means any site at which the eligible telehealth 
                        individual is located at the time the service 
                        is furnished via a telecommunications 
                        system.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to telehealth services furnished after the last day 
of the emergency period described in section 1135(g)(1)(B) of the 
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
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