[House Report 118-621]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-621
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SUPPORTING PATIENT EDUCATION AND KNOWLEDGE ACT OF 2024
_______
July 30, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Rodgers of Washington, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 6033]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 6033) to require the Secretary of Health and
Human Services to establish a task force to improve access to
health care information technology for non-English speakers,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Committee Action................................................. 3
Committee Votes.................................................. 3
Oversight Findings and Recommendations........................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Related Committee and Subcommittee Hearings...................... 5
Committee Cost Estimate.......................................... 6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Patient Education And
Knowledge Act of 2024'' or the ``SPEAK Act of 2024''.
SEC. 2. GUIDANCE ON FURNISHING SERVICES VIA TELEHEALTH TO INDIVIDUALS
WITH LIMITED ENGLISH PROFICIENCY.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Health and Human Services,
in consultation with 1 or more entities from each of the categories
described in paragraphs (1) through (7) of subsection (b), shall issue
and disseminate, or update and revise as applicable, guidance for the
entities described in such subsection on the following:
(1) Best practices on facilitating and integrating use of
interpreters during a telemedicine appointment.
(2) Best practices on providing accessible instructions on
how to access telecommunications systems (as such term is used
for purposes of section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) for individuals with limited English
proficiency.
(3) Best practices on improving access to digital patient
portals for individuals with limited English proficiency.
(4) Best practices on integrating the use of video platforms
that enable multi-person video calls furnished via a
telecommunications system for purposes of providing
interpretation during a telemedicine appointment for an
individual with limited English proficiency.
(5) Best practices for providing patient materials,
communications, and instructions in multiple languages,
including text message appointment reminders and prescription
information.
(b) Entities Described.--For purposes of subsection (a), an entity
described in this subsection is an entity in 1 or more of the following
categories:
(1) Health information technology service providers,
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
(C) telehealth or mobile health vendors and
companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
(3) Health insurers.
(4) Language service companies.
(5) Interpreter or translator professional associations.
(6) Health and language services quality certification
organizations.
(7) Patient and consumer advocates, including such advocates
that work with individuals with limited English proficiency.
PURPOSE AND SUMMARY
H.R. 6033 requires the Secretary of Health and Human
Services to, in consultation with stakeholders, to issue and
disseminate best practices for delivering quality care via
telehealth to beneficiaries with limited English language
proficiency.
BACKGROUND AND NEED FOR LEGISLATION
Congress greatly expanded Medicare's coverage of telehealth
during the COVID-19 Public Health Emergency (PHE). As many as 1
in 4 beneficiaries utilized telehealth during the PHE.\1\
Congress further extended these telehealth expansions in the
Consolidated Appropriations Act of 2022 beyond the PHE through
the end of 2024. As Congress considers further extensions of
telehealth flexibilities, this bill will ensure more
beneficiaries benefit from quality telehealth access by
improving the delivery of telehealth services to patients with
limited English language proficiency.
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\1\Koma, Wyatt, Juliette Cubanski, Tricia Neuman, ``Medicare and
Telehealth: Coverage and Use During the COVID-19 Pandemic and Options
for the Future'', KFF, 2021, https://www.kff.org/medicare/issue-brief/
medicare-and-telehealth-coverage-and-use-during-the-covid-19-pandemic-
and-options-for-the-future/.
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COMMITTEE ACTION
On April 10, 2024, the Subcommittee on Health held a
hearing on H.R. 6033. The title of the hearing was
``Legislative Proposals to Support Patient Access to Telehealth
Services.'' The Subcommittee received testimony from:
Jeanette Ashlock, Patient Advocate, National
Multiple Sclerosis Society;
Fred Riccardi, President, Medicare Rights
Center;
Lee Schwamm, MD, Volunteer, American Health
Association; Senior Vice President and Chief Digital
Health Officer, Yale New Haven Health System;
Eve Cunningham, MD, MBA, Group Vice
President and Chief of Virtual Care and Digital Health,
Providence; and,
Ateev Mehrotra, MD, MPH, Professor of Health
Care Policy and Medicine, Harvard Medical School;
Hospitalist, Beth Israel Deaconess Medical Center.
On May 16, 2024, the Subcommittee on Health met in open
markup session and forwarded H.R. 6033, as amended, to the full
Committee by a recorded vote of 23 yeas and 0 nays.
On June 12, 2024, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 6033, without
amendment, favorably reported to the House by a recorded vote
of 40 yeas and 0 nays.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee has held a hearing and made findings
that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 6033 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to improve
Medicare's delivery of telehealth to patients with limited
English language proficiency.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 6033 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 6033:
On April 10, 2024, the Subcommittee on
Health held a hearing on H.R. 6033. The title of the
hearing was ``Legislative Proposals to Support Patient
Access to Telehealth Services.'' The Subcommittee
received testimony from:
Jeanette Ashlock, Patient
Advocate, National Multiple Sclerosis Society;
Fred Riccardi, President,
Medicare Rights Center;
Lee Schwamm, MD, Volunteer,
American Health Association; Senior Vice
President and Chief Digital Health Officer,
Yale New Haven Health System;
Eve Cunningham, MD, MBA, Group
Vice President and Chief of Virtual Care and
Digital Health, Providence; and,
Ateev Mehrotra, MD, MPH,
Professor of Health Care Policy and Medicine,
Harvard Medical School; Hospitalist, Beth
Israel Deaconess Medical Center.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 6033 contains no earmarks, limited
tax benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 provides a short title of ``Supporting Patient
Education And Knowledge Act of 2024'' or the ``SPEAK Act of
2024''.
Section 2. Guidance on furnishing services via telehealth to
individuals with limited English proficiency
Section 2 directs the Secretary, in consultation with
stakeholders, to issue and disseminate, or update and revise as
applicable, guidance for telehealth providers on the best
practices improving telehealth accessibility for patients with
limited English language proficiency.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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