[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Engrossed in House (EH)]

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117th CONGRESS
  2d Session
                                H. R. 4040

_______________________________________________________________________

                                 AN ACT


 
 To amend title XVIII of the Social Security Act to extend telehealth 
   flexibilities under the Medicare program, 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 ``Advancing Telehealth Beyond COVID-19 
Act of 2022''.

SEC. 2. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING ORIGINATING 
              SITES FOR TELEHEALTH SERVICES.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is 
amended--
            (1) in paragraph (2)(B)(iii)--
                    (A) by striking ``With'' and inserting ``In the 
                case that the emergency period described in section 
                1135(g)(1)(B) ends before December 31, 2024, with''; 
                and
                    (B) by striking ``that are furnished during the 
                151-day period beginning on the first day after the end 
                of the emergency period described in section 
                1135(g)(1)(B)'' and inserting ``that are furnished 
                during the period beginning on the first day after the 
                end of such emergency period and ending December 31, 
                2024''; and
            (2) in paragraph (4)(C)(iii)--
                    (A) by striking ``With'' and inserting ``In the 
                case that the emergency period described in section 
                1135(g)(1)(B) ends before December 31, 2024, with''; 
                and
                    (B) by striking ``that are furnished during the 
                151-day period beginning on the first day after the end 
                of the emergency period described in section 
                1135(g)(1)(B)'' and inserting ``that are furnished 
                during the period beginning on the first day after the 
                end of such emergency period and ending on December 31, 
                2024''.

SEC. 3. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH 
              SERVICES.

    Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day period 
beginning on the first day after the end of the emergency period 
described in section 1135(g)(1)(B)'' and inserting ``and, in the case 
that the emergency period described in section 1135(g)(1)(B) ends 
before December 31, 2024, for the period beginning on the first day 
after the end of such emergency period and ending on December 31, 
2024''.

SEC. 4. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH 
              CENTERS AND RURAL HEALTH CLINICS.

    Section 1834(m)(8)(A) of the Social Security Act (42 U.S.C. 
1395m(m)(8)(A)) is amended by striking ``during the 151-day period 
beginning on the first day after the end of such emergency period'' and 
inserting ``in the case that such emergency period ends before December 
31, 2024, during the period beginning on the first day after the end of 
such emergency period and ending on December 31, 2024''.

SEC. 5. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR MENTAL 
              HEALTH SERVICES FURNISHED THROUGH TELEHEALTH AND 
              TELECOMMUNICATIONS TECHNOLOGY.

    (a) Delay in Requirements for Mental Health Services Furnished 
Through Telehealth.--Section 1834(m)(7)(B)(i) of the Social Security 
Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the matter preceding 
subclause (I), by striking ``on or after the day that is the 152nd day 
after the end of the period at the end of the emergency sentence 
described in section 1135(g)(1)(B))'' and inserting ``on or after 
January 1, 2025 (or, if later, the first day after the end of the 
emergency period described in section 1135(g)(1)(B))''.
    (b) Mental Health Visits Furnished by Rural Health Clinics.--
Section 1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is 
amended--
            (1) in the heading, by striking ``to hospice patients''; 
        and
            (2) in paragraph (2), by striking ``prior to the day that 
        is the 152nd day after the end of the emergency period 
        described in section 1135(g)(1)(B))'' and inserting ``prior to 
        January 1, 2025 (or, if later, the first day after the end of 
        the emergency period described in section 1135(g)(1)(B))''.
    (c) Mental Health Visits Furnished by Federally Qualified Health 
Centers.--Section 1834(o)(4) of the Social Security Act (42 U.S.C. 
1395m(o)(4) is amended--
            (1) in the heading, by striking ``to hospice patients''; 
        and
            (2) in subparagraph (B), by striking ``prior to the day 
        that is the 152nd day after the end of the emergency period 
        described in section 1135(g)(1)(B))'' and inserting ``prior to 
        January 1, 2025 (or, if later, the first day after the end of 
        the emergency period described in section 1135(g)(1)(B))''.

SEC. 6. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH SERVICES.

    Section 1834(m)(9) of the Social Security Act (42 U.S.C. 
1395m(m)(9)) is amended by striking ``The Secretary shall continue to 
provide coverage and payment under this part for telehealth services 
identified in paragraph (4)(F)(i) as of the date of the enactment of 
this paragraph that are furnished via an audio-only telecommunications 
system during the 151-day period beginning on the first day after the 
end of the emergency period described in section 1135(g)(1)(B)'' and 
inserting ``In the case that the emergency period described in section 
1135(g)(1)(B) ends before December 31, 2024, the Secretary shall 
continue to provide coverage and payment under this part for telehealth 
services identified in paragraph (4)(F)(i) that are furnished via an 
audio-only communications system during the period beginning on the 
first day after the end of such emergency period and ending on December 
31, 2024''.

SEC. 7. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR TO 
              RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING 
              EMERGENCY PERIOD.

    Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 
1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the 151-day 
period beginning on the first day after the end of such emergency 
period'' and inserting ``and, in the case that such emergency period 
ends before December 31, 2024, during the period beginning on the first 
day after the end of such emergency period described in such section 
1135(g)(1)(B) and ending on December 31, 2024''.

SEC. 8. FUNDING FROM MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395jjj(b)(1)) is amended by striking ``$7,500,000,000'' and inserting 
``$5,153,000,000''.

SEC. 9. PROGRAM INSTRUCTION AUTHORITY.

    Notwithstanding any other provision of law, the Secretary of Health 
and Human Services may implement the provisions of, including 
amendments made by, sections 2 through 7 through program instruction or 
otherwise.

SEC. 10. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 27, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 4040

_______________________________________________________________________

                                 AN ACT

 To amend title XVIII of the Social Security Act to extend telehealth 
   flexibilities under the Medicare program, and for other purposes.