Evaluating Disparities and Outcomes of Telehealth During the COVID-19 Emergency Act of 2020 or the EDOT Act of 2020
This bill requires the Centers for Medicare & Medicaid Services (CMS) to report on the effects of changes that were made during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019) with respect to the provision or availability of telehealth services under Medicare. Among other information, the report must include (1) a summary of all services utilized by Medicare beneficiaries during the emergency period, including the number of telehealth visits and in-person visits; (2) any changes in utilization compared to prior periods; and (3) demographic characteristics of beneficiaries who utilized telehealth services. The CMS must submit the required reports after the end of the emergency period, as specified.
The CMS must also award grants to state Medicaid programs to allow them to report on similar information.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7078 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7078
To study the effects of changes to telehealth under the Medicare and
Medicaid programs during the COVID-19 emergency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2020
Ms. Kelly of Illinois (for herself, Mr. Bishop of Georgia, Ms. Jackson
Lee, Ms. Sewell of Alabama, Mr. Thompson of Mississippi, Ms. Fudge, Mr.
Butterfield, Mr. Payne, Ms. Lee of California, and Mr. Cohen)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To study the effects of changes to telehealth under the Medicare and
Medicaid programs during the COVID-19 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 ``Evaluating Disparities and Outcomes
of Telehealth During the COVID-19 Emergency Act of 2020'' or the ``EDOT
Act of 2020''.
SEC. 2. STUDY ON THE EFFECTS OF CHANGES TO TELEHEALTH UNDER THE
MEDICARE AND MEDICAID PROGRAMS DURING THE COVID-19
EMERGENCY.
(a) In General.--Not later than 1 year after the end of the
emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
Human Services (in this section referred to as the ``Secretary'') shall
conduct a study and submit to the Committee on Energy and Commerce and
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate an interim report on any changes
made to the provision or availability of telehealth services under part
A or B of title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) during such period. Such report shall include the following:
(1) A summary of utilization of all health care services
furnished under such part A or B during such period, including
the number of telehealth visits (broken down by the number of
such visits furnished via audio-visual technology, the number
of such visits furnished via audio-only technology, and the
number of such visits furnished by a Federally qualified health
center, rural health clinic, or community health center,
respectively, if practicable), in-person outpatient visits,
inpatient admissions, and emergency department visits.
(2) A description of any changes in utilization patterns
for the care settings described in paragraph (1) over the
course of such period compared to such patterns prior to such
period.
(3) An analysis of utilization of telehealth services under
such part A or B during such period, broken down by race and
ethnicity, geographic region, and income level (as measured
directly or indirectly, such as by patient's zip code
tabulation area median income as publicly reported by the
United States Census Bureau), and of any trends in such
utilization during such period, so broken down. Such analysis
may not include any personally identifiable information or
protected health information.
(4) A description of expenditures and any savings under
such part A or B attributable to use of such telehealth
services during such period.
(5) A description of any instances of fraud identified by
the Secretary, acting through the Office of the Inspector
General or other relevant agencies and departments, with
respect to such telehealth services furnished under such part A
or B during such period and a comparison of the number of such
instances with the number of instances of fraud so identified
with respect to in-person services so furnished during such
period.
(6) A description of any privacy concerns with respect to
the furnishing of such telehealth services (such as
cybersecurity or ransomware concerns), including a description
of any actions taken by the Secretary, acting through the
Health Sector Cybersecurity Coordination Center or other
relevant agencies and departments, during such period to assist
health care providers secure telecommunications systems.
(b) Input.--In conducting the study and submitting the report under
subsection (a), the Secretary--
(1) may--
(A) consult with relevant stakeholders (such as
patients, minority or tribal groups, medical
professionals, hospitals, State medical boards, State
nursing boards, the Federation of State Medical Boards,
National Council of State Boards of Nursing, medical
professional employers (such as hospitals, medical
groups, staffing companies), telehealth groups, health
professional liability providers, public and private
payers, and State leaders); and
(B) solicit public comments on such report before
the submission of such report; and
(2) shall endeavor to include as many racially, ethnically,
geographically, and professionally diverse perspectives as
possible.
(c) Final Report.--Not later than December 31, 2024, the Secretary
shall--
(1) update and finalize the interim report under subsection
(a); and
(2) submit such updated and finalized report to the
committees specified in such subsection.
(d) Grants for Medicaid Reports.--
(1) In general.--Not later than 2 years after the end of
the emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C.1320b-5(g)(1)(B)), the Secretary
shall award grants to States with a State plan (or waiver of
such plan) in effect under title XIX of the Social Security Act
(42 U.S.C. 1396r) that submit an application under this
subsection for purposes of enabling such States to study and
submit reports to the Secretary on any changes made to the
provision or availability of telehealth services under such
plans (or such waivers) during such period.
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State shall--
(A) provide benefits for telehealth services under
the State plan (or waiver of such plan) in effect under
title XIX of the Social Security Act (42 U.S.C. 1396r);
(B) be able to differentiate telehealth from in-
person visits within claims data submitted under such
plan (or such waiver) during such period; and
(C) submit to the Secretary an application at such
time, in such manner, and containing such information
(including the amount of the grant requested) as the
Secretary may require.
(3) Use of funds.--An State shall use amounts received
under a grant under this subsection to conduct a study and
report findings regarding the effects of changes to telehealth
services offered under the State plan (or waiver of such plan)
of such State under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) during such period in accordance with
paragraph (4).
(4) Reports.--
(A) Interim report.--Not later 1 year after the
date a State receives a grant under this subsection,
the State shall submit to the Secretary an interim
report that--
(i) details any changes made to the
provision or availability of telehealth
benefits (such as eligibility, coverage, or
payment changes) under the State plan (or
waiver of such plan) of the State under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.) during the emergency period described
in paragraph (1); and
(ii) contains--
(I) a summary and description of
the type described in paragraphs (1)
and (2), respectively, of subsection
(a); and
(II) to the extent practicable, an
analysis of the type described in
paragraph (3) of subsection (a),
except that any reference in such subsection to
``such part A or B'' shall, for purposes of
subclauses (I) and (II), be treated as a
reference to such State plan (or waiver).
(B) Final report.--Not later than 3 years after the
date a State receives a grant under this subsection,
the State shall update and finalize the interim report
and submit such final report to the Secretary.
(C) Report by secretary.--Not later than the
earlier of the date that is 1 year after the submission
of all final reports under subparagraph (B) and
December 31, 2028, the Secretary shall submit to
Congress a report on the grant program, including a
summary of the reports received from States under this
paragraph.
(5) Modification authority.--The Secretary may modify any
deadline described in paragraph (4) or any information required
to be included in a report made under this subsection to
provide flexibility for States to modify the scope of the study
and timeline for such reports.
(6) Technical assistance.--The Secretary shall provide such
technical assistance as may be necessary to a State receiving a
grant under this subsection in order to assist such state in
conducting studies and submitting reports under this
subsection.
(7) State.--For purposes of this subsection, the term
``State'' means each of the several States, the District of
Columbia, and each territory of the United States.
(e) Authorization of Appropriations.--
(1) Medicare.--For the purpose of carrying out subsections
(a) through (c), there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2020
through 2024.
(2) Medicaid.--For the purpose of carrying out subsection
(d), there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 2022 through 2028.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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