[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4770 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4770

 To study the effects of changes to telehealth under the Medicare and 
            Medicaid programs during the COVID-19 emergency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

Ms. Kelly of Illinois (for herself, Ms. Blunt Rochester, Ms. Clarke of 
   New York, Mr. Pocan, Mr. Cardenas, and Ms. Porter) 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 study the effects of changes to telehealth under the Medicare and 
            Medicaid 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 ``Evaluating Disparities and Outcomes 
of Telehealth During the COVID-19 Emergency Act of 2021'' or the ``EDOT 
Act of 2021''.

SEC. 2. STUDY ON THE EFFECTS OF CHANGES TO TELEHEALTH UNDER THE 
              MEDICARE AND MEDICAID PROGRAMS DURING THE COVID-19 
              EMERGENCY.

    (a) Medicare Reports.--
            (1) In general.--Not later than 1 year after the end 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)), the Secretary 
        of Health and Human Services (in this section referred to as 
        the ``Secretary'') shall conduct a study and submit to the 
        Committee on Energy and Commerce and the Committee on Ways and 
        Means of the House of Representatives and the Committee on 
        Finance of the Senate an interim report on any changes made to 
        the provision or availability of telehealth services under part 
        A or B of title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.) during such period. Such report shall include the 
        following:
                    (A) A summary of utilization of all health care 
                services furnished under such part A or B during such 
                period, including the number of telehealth visits 
                (broken down by the number of such visits furnished via 
                audio-visual technology, the number of such visits 
                furnished via audio-only technology, and the number of 
                such visits furnished by a Federally qualified health 
                center, rural health clinic, or community health 
                center, respectively, if practicable, and further 
                broken down by the type of such service (such as 
                primary care, mental heath, and specialty services)), 
                in-person outpatient visits, inpatient admissions, and 
                emergency department visits.
                    (B) A description of any changes in utilization 
                patterns for the care settings described in paragraph 
                (1) over the course of such period compared to such 
                patterns prior to such period.
                    (C) An analysis of utilization of telehealth 
                services, patient access to care, and patient outcomes 
                under such part A or B during such period, broken down 
                by race and ethnicity, geographic region, and income 
                level (as measured directly or indirectly, such as by 
                patient's zip code tabulation area median income as 
                publicly reported by the United States Census Bureau), 
                and of any trends in such utilization during such 
                period, so broken down. Such analysis may not include 
                any personally identifiable information or protected 
                health information.
                    (D) A specification of the zip code where each 
                health care provider furnishing such telehealth 
                services was located at the time of furnishing such 
                services.
                    (E) A description of expenditures and any savings 
                under such part A or B attributable to use of such 
                telehealth services during such period.
                    (F) A description of any changes to patient access 
                to care under such part A or B attributable to use of 
                such telehealth services during such period.
                    (G) A description of any instances of fraud 
                identified by the Secretary, acting through the Office 
                of the Inspector General or other relevant agencies and 
                departments, with respect to such telehealth services 
                furnished under such part A or B during such period and 
                a comparison of the number of such instances with the 
                number of instances of fraud so identified with respect 
                to in-person services so furnished during such period.
                    (H) A description of any privacy concerns with 
                respect to the furnishing of such telehealth services 
                (such as cybersecurity or ransomware concerns), 
                including a description of any actions taken by the 
                Secretary, acting through the Health Sector 
                Cybersecurity Coordination Center or other relevant 
                agencies and departments, during such period to assist 
                health care providers secure telecommunications 
                systems.
            (2) Input.--In conducting the study and submitting the 
        report under subsection (a), the Secretary--
                    (A) may--
                            (i) consult with relevant stakeholders 
                        (such as patients, minority or tribal groups, 
                        patient advocacy organizations, medical 
                        professionals, hospitals, State medical boards, 
                        State nursing boards, the Federation of State 
                        Medical Boards, National Council of State 
                        Boards of Nursing, medical professional 
                        employers (such as hospitals, medical groups, 
                        staffing companies), telehealth groups, health 
                        professional liability providers, public and 
                        private payers, and State leaders); and
                            (ii) solicit public comments on such report 
                        before the submission of such report; and
                    (B) shall endeavor to include as many racially, 
                ethnically, geographically, and professionally diverse 
                perspectives as possible.
            (3) Final report.--Not later than December 31, 2025, the 
        Secretary shall--
                    (A) update and finalize the interim report under 
                subsection (a); and
                    (B) submit such updated and finalized report to the 
                committees specified in such subsection.
    (b) Medicaid Reports.--
            (1) Interim report.--Not later than 1 year after the last 
        day of the emergency period described in subsection (a), the 
        Secretary shall submit to Congress an interim report that--
                    (A) details any changes made to the provision or 
                availability of telehealth benefits (such as 
                eligibility, coverage, or payment changes) under State 
                plans (or waivers of such plan) under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.) during 
                such emergency period; and
                    (B) contains--
                            (i) a summary and description of the type 
                        described in subparagraphs (A) and (B), 
                        respectively, of subsection (a)(1); and
                            (ii) to the extent practicable, an analysis 
                        of the type described in subparagraph (C) of 
                        such subsection,
                except that any reference in such subsection to ``such 
                part A or B'' shall, for purposes of clauses (i) and 
                (ii), be treated as a reference to such State plans (or 
                waivers).
            (2) Final report.--Not later than 3 years after the last 
        day of the emergency period described in subsection (a), the 
        Secretary shall update and finalize the interim report and 
        submit such final report to Congress.
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