[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 368 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 368

   To amend title XVIII of the Social Security Act to make permanent 
certain telehealth flexibilities under the Medicare program related to 
                 the COVID-19 public health emergency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2021

 Mr. Scott of South Carolina (for himself, Mr. Schatz, Mr. Wicker, Mr. 
Tester, Mrs. Blackburn, Mr. Marshall, and Mrs. Shaheen) 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 make permanent 
certain telehealth flexibilities under the Medicare program related to 
                 the COVID-19 public health 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 ``Telehealth Modernization Act''.

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) of this clause, 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) Retention of Additional Services and Subregulatory Process for 
Modifications Following Emergency Period.--Section 1834(m)(4)(F) of the 
Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended--
            (1) in clause (i), by inserting ``and clause (iii)'' after 
        ``paragraph (8)'';
            (2) in clause (ii), by striking ``The Secretary'' and 
        inserting ``Subject to clause (iii), the Secretary''; and
            (3) by adding at the end the following new clause:
                            ``(iii) Retention of additional services 
                        and subregulatory process for modifications 
                        following emergency period.--With respect to 
                        telehealth services furnished after the last 
                        day of the emergency period described in 
                        section 1135(g)(1)(B), the Secretary may--
                                    ``(I) retain as appropriate the 
                                expanded list of telehealth services 
                                specified in clause (i) pursuant to the 
                                waiver authority under section 
                                1135(b)(8) during such emergency 
                                period; and
                                    ``(II) retain the subregulatory 
                                process used to modify the services 
                                included on the list of such telehealth 
                                services pursuant to clause (ii) during 
                                such emergency period.''.
    (d) Enhancing Telehealth Services for Federally Qualified Health 
Centers and Rural Health Clinics.--Section 1834(m)(8) of the Social 
Security Act (42 U.S.C. 1395m(m)(8)) is amended--
            (1) in the paragraph heading by inserting ``and after'' 
        after ``during'';
            (2) in subparagraph (A), in the matter preceding clause 
        (i), by inserting ``and after'' after ``During''; and
            (3) in the first sentence of subparagraph (B)(i), by 
        inserting ``and after'' after ``during''.
    (e) Use of Telehealth, as Clinically Appropriate, To Conduct Face-
to-Face Encounter for Hospice Care.--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 
inserting ``and after such emergency period as clinically appropriate'' 
after ``1135(g)(1)(B)''.
    (f) Use of Telehealth, as Clinically Appropriate, To Conduct Face-
to-Face Clinical Assessments for Home Dialysis.--Clause (iii) of 
section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395rr(b)(3)(B)) is amended--
            (1) by moving such clause 4 ems to the left; and
            (2) by inserting ``and after such emergency period as 
        clinically appropriate'' before the period.
    (g) Implementation.--Notwithstanding any provision of law, the 
Secretary may implement the provisions of, and amendments made by, this 
section by interim final rule, program instruction, or otherwise.
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