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

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117th CONGRESS
  1st Session
                                H. R. 4040

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2021

  Ms. Cheney (for herself and Mrs. Dingell) 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 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 2021''.

SEC. 2. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES.

    (a) Expanding Access to Telehealth Services.--
            (1) In general.--Section 1834(m)(4)(C) of the Social 
        Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended by adding at 
        the end the following new clause:
                            ``(iii) Expanding access to telehealth 
                        services.--With respect to telehealth services 
                        furnished beginning on the first day after the 
                        end 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, including the home 
                        of an individual.''.
            (2) Conforming amendments.--Such section is amended--
                    (A) in paragraph (2)(B)--
                            (i) in clause (i), in the matter preceding 
                        subclause (I), by striking ``clause (ii)'' and 
                        inserting ``clauses (ii) and (iii)''; and
                            (ii) by adding at the end the following new 
                        clause:
                            ``(iii) No facility fee for new sites.--
                        With respect to telehealth services furnished 
                        on or after the date of enactment of this 
                        clause, a facility fee shall only be paid under 
                        this subparagraph to an originating site that 
                        is described in paragraph (4)(C)(ii) (other 
                        than subclause (X) of such paragraph).''.
                    (B) in paragraph (4)(C)--
                            (i) in clause (i), in the matter preceding 
                        subclause (I), by inserting ``and clause 
                        (iii)'' after ``and (7)''; and
                            (ii) in clause (ii)(X), by inserting 
                        ``prior to the first day after the end of the 
                        emergency period described in section 
                        1135(g)(1)(B)'' before the period;
                    (C) in paragraph (5), by inserting ``and prior to 
                the first day after the end of the emergency period 
                described in section 1135(g)(1)(B)'' after ``January 1, 
                2019,'';
                    (D) in paragraph (6)(A), by inserting ``and prior 
                to the first day after the end of the emergency period 
                described in section 1135(g)(1)(B),'' after ``January 
                1, 2019,''; and
                    (E) in paragraph (7), by inserting ``and prior to 
                the first day after the end of the emergency period 
                described in section 1135(g)(1)(B),'' after ``July 1, 
                2019,''.
    (b) Expanding Practitioners Eligible To Furnish Telehealth 
Services.--Section 1834(m) of the Social Security Act (42 U.S.C. 
1395m(m)) is amended--
            (1) in paragraph (1), by striking ``(described in section 
        1842(b)(18)(C))'' and inserting ``(defined in paragraph 
        (4)(E))''; and
            (2) in paragraph (4)(E)--
                    (A) by striking ``practitioner.--The term'' and 
                inserting ``Practitioner.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Expansion.--The Secretary, after consulting 
                with stakeholders regarding services that are 
                clinically appropriate, may expand the types of 
                practitioners who may furnish telehealth services to 
                include any health care professional that is eligible 
                to bill the program under this title for their 
                professional services.''.
    (c) Allowing for the Furnishing of Audio-only Telehealth 
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 specified telehealth service (as 
                        defined in clause (ii)) furnished to an 
                        individual, a communications system consisting 
                        only of audio capabilities.
                            ``(ii) Specified telehealth service 
                        defined.--The term `specified telehealth 
                        service' means a telehealth service consisting 
                        of--
                                    ``(I) evaluation and management 
                                services;
                                    ``(II) mental and behavioral health 
                                services;
                                    ``(III) substance use disorder 
                                services; or
                                    ``(IV) 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.''.

SEC. 3. MAKING PERMANENT THE ABILITY OF FEDERALLY QUALIFIED HEALTH 
              CENTERS AND RURAL HEALTH CLINICS TO FURNISH TELEHEALTH 
              SERVICES UNDER THE MEDICARE PROGRAM.

    Section 1834(m)(8) of the Social Security Act (42 U.S.C. 
1395m(m)(8)) is amended--
            (1) in the header, by striking ``during emergency period'';
            (2) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``During'' and inserting ``Beginning on the 
        first day of''; and
            (3) in subparagraph (B)(i), by striking ``during such 
        emergency period''.

SEC. 4. CLARIFICATION FOR FRAUD AND ABUSE LAWS REGARDING TECHNOLOGIES 
              PROVIDED TO BENEFICIARIES.

    Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--
            (1) in subparagraph (I), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(K) the provision of technologies (as defined by 
                the Secretary) on or after the date of the enactment of 
                this subparagraph, by a provider of services or 
                supplier (as such terms are defined for purposes of 
                title XVIII) directly to an individual who is entitled 
                to benefits under part A of title XVIII, enrolled under 
                part B of such title, or both, for the purpose of 
                furnishing telehealth services, remote patient 
                monitoring services, or other services furnished 
                through the use of technology (as defined by the 
                Secretary), if--
                            ``(i) the technologies are not offered as 
                        part of any advertisement or solicitation; and
                            ``(ii) the provision of the technologies 
                        meets any other requirements set forth in 
                        regulations promulgated by the Secretary.''.
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