[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2111

  To amend title XVIII of the Social Security Act to provide for the 
 waiver of certain telehealth requirements to permit reimbursement for 
   audio-only telehealth services under the Medicare program during 
                        emergency declarations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2021

  Mr. Kennedy introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to provide for the 
 waiver of certain telehealth requirements to permit reimbursement for 
   audio-only telehealth services under the Medicare program during 
                        emergency declarations.

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

SEC. 2. WAIVER OF CERTAIN TELEHEALTH REQUIREMENTS TO PERMIT 
              REIMBURSEMENT FOR AUDIO-ONLY TELEHEALTH SERVICES UNDER 
              THE MEDICARE PROGRAM DURING EMERGENCY DECLARATIONS.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) of 
the Social Security Act (42 U.S.C. 1395m(m)) is amended--
            (1) in paragraph (1), by striking ``paragraph (8)'' and 
        inserting ``paragraphs (8) and (9)''; and
            (2) by adding at the end the following new paragraph:
            ``(9) Reimbursement for audio-only telehealth services 
        during emergency declarations.--
                    ``(A) In general.--With respect to telehealth 
                services furnished on or after the date of enactment of 
                this paragraph, the Secretary shall waive the 
                requirements of paragraph (1) and section 410.78(a)(3) 
                of title 42, Code of Federal Regulations (or any 
                successor regulation), relating to the use of 
                interactive telecommunications systems to furnish 
                telehealth services, to the extent such provisions 
                require the use of video technology, to allow for the 
                furnishing of telehealth services using audio-only 
                technology, as determined appropriate by the Secretary, 
                with respect to such services furnished in any 
                geographical area in which, and any period during 
                which, there exists--
                            ``(i) an emergency or disaster declared by 
                        the President pursuant to the National 
                        Emergencies Act or the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act; 
                        or
                            ``(ii) a public health emergency declared 
                        by the Secretary pursuant to section 319 of the 
                        Public Health Service Act.
                    ``(B) Payment parity.--The Secretary shall provide 
                that any telehealth service furnished using audio-only 
                technology pursuant to a waiver under subparagraph (A) 
                is reimbursed at the same rate at which the service 
                would be reimbursed if furnished in person.''.
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