[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 729 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 729

  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

                             March 9, 2023

  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)(9) of the Social Security Act (42 U.S.C. 
1395m(m)(9)) is amended--
            (1) by striking ``The Secretary'' and inserting ``(A) 
        During covid-19 phe.--The Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Ongoing authority.--
                            ``(i) In general.--With respect to 
                        telehealth services furnished on or after 
                        January 1, 2025, 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.
                            ``(ii) Payment parity.--The Secretary shall 
                        provide that any telehealth service furnished 
                        using audio-only technology pursuant to a 
                        waiver under this subparagraph is reimbursed at 
                        the same rate at which the service would be 
                        reimbursed if furnished in person.''.
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