[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3021 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3021

 To amend title XVIII of the Social Security Act to permanently extend 
     certain in-home cardiopulmonary rehabilitation flexibilities 
      established in response to COVID-19, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2023

Ms. Sinema (for herself, Mrs. Blackburn, and Ms. Klobuchar) 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 permanently extend 
     certain in-home cardiopulmonary rehabilitation flexibilities 
      established in response to COVID-19, 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 ``Sustainable Cardiopulmonary 
Rehabilitation Services in the Home Act''.

SEC. 2. CODIFYING VIRTUAL CARDIOPULMONARY REHABILITATION FLEXIBILITIES 
              ESTABLISHED IN RESPONSE TO COVID-19.

    (a) In General.--Section 1861(eee)(2) of the Social Security Act 
(42 U.S.C. 1395x(eee)(2)) is amended--
            (1) in subparagraph (A)(ii), by inserting ``, including in 
        the home of an individual when furnished as a telehealth 
        service through audio-visual real-time communications 
        technology, or when such home is designated as a provider-based 
        location of a hospital outpatient department'' after 
        ``outpatient basis''; and
            (2) in subparagraph (B), by inserting ``, including through 
        the virtual presence of such physician, physician assistant, 
        nurse practitioner, or clinical nurse specialist, through 
        audio-visual real-time communications technology'' after 
        ``under the program''.
    (b) Expanding Originating Sites.--Section 1834(m) of the Social 
Security Act (42 U.S.C. 1395m(m)) is amended--
            (1) in paragraph (1), by striking ``and (9)'' and all that 
        follows through ``(as defined in paragraph (4)(E))'' and 
        inserting ``, (9), and (10), the Secretary shall pay for 
        telehealth services that are furnished via a telecommunications 
        system by a physician (as defined in section 1861(r)) or a 
        practitioner (as defined in paragraph (4)(E)), or by a hospital 
        (as defined in section 1861(e))'';
            (2) in paragraph (2)(A), by striking ``or practitioner'' 
        each place that it appears and inserting ``, practitioner, or 
        hospital'';
            (3) in paragraph (4)(A), by striking ``or practitioner'' 
        and inserting ``, practitioner, or hospital'';
            (4) in paragraph (4)(C)--
                    (A) in clause (i), by striking ``and (7)'' and 
                inserting ``(7), and (10)''; and
                    (B) in clause (ii)(X), by striking ``paragraph 
                (7)'' and inserting ``paragraphs (7) and (10)'';
            (5) in paragraph (4)(F)(i), by striking ``paragraph (8)'' 
        and inserting ``paragraphs (8) and (10)''; and
            (6) by adding at the end the following new paragraph:
            ``(10) Treatment of cardiac rehabilitation program, 
        intensive cardiac rehabilitation program, and pulmonary 
        rehabilitation program visits furnished through telehealth.--In 
        the case of items and services furnished on or after January 1, 
        2024, the geographic requirements described in paragraph 
        (4)(C)(i) shall not apply with respect to telehealth services 
        for cardiac rehabilitation programs and intensive cardiac 
        rehabilitation programs (as such terms are defined in section 
        1861(eee)) and pulmonary rehabilitation programs (as defined in 
        section 1861(fff)) at an originating site described in 
        subclauses (V) and (X) of paragraph (4)(C)(ii).''.
    (c) Authority To Establish Standards and Allow for Certain Programs 
To Utilize Telehealth Services.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this section, the Secretary of Health and Human 
        Services shall--
                    (A) establish standards for the designation of the 
                home of an individual with status as a provider-based 
                organization of a hospital consistent with waivers 
                issued through the Hospital Without Walls program for 
                cardiac rehabilitation, pulmonary rehabilitation, and 
                intensive cardiac rehabilitation; and
                    (B) include items and services furnished under 
                cardiac rehabilitation program or under an intensive 
                cardiac rehabilitation program (as such terms are 
                defined in section 1861(eee) of the Social Security Act 
                (42 U.S.C. 1395x(eee)), or under a pulmonary 
                rehabilitation program (as defined in section 1861(fff) 
                of such Act (42 U.S.C. 1395x(fff)) among telehealth 
                services to be specified under section 1834(m)(4)(F) of 
                such Act (42 U.S.C. 1395m(m)(4)(F)).
            (2) Effective date.--The standards established under 
        paragraph (1) shall apply to items and services furnished on or 
        after January 1, 2024.
    (d) Implementation.--Notwithstanding any other provision of the 
law, the Secretary of Health and Human Services may implement the 
provisions of, and the amendments made by, this section by program 
instruction or otherwise.
    (e) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to items and services furnished on or after January 1, 
2024.
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